Can a Texas lawyer be listed in the classified section of a telephone directory?

Plain-English summary

The inquiry asked whether it was proper for attorneys to be listed in the classified section of telephone directories.

The committee answered that such a listing is proper, provided no advertising matter is included. It noted that ABA Opinion 241 was to the same effect. The vote was 7-0.

Currency note

This opinion was issued in 1947, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Lawyer advertising restrictions were also reshaped by later constitutional decisions beginning with Bates v. State Bar of Arizona (1977). Subsequent rule amendments or later opinions may have changed the analysis; advertising is now addressed by ABA Model Rules 7.2 and 7.1. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a lawyer be listed in the telephone directory's classified section?

A: Yes. The committee held the listing proper, provided no advertising matter was included.

Q: What was the limit on such a listing?

A: No advertising matter could be included. The committee tied the result to Canons 24 and 39 and noted ABA Opinion 241 reached the same conclusion.

Background and rules framework

The opinion interprets former Texas Canons 24 (solicitation) and 39 (professional card), applied to a classified telephone-directory listing, and aligns with ABA Opinion 241. The modern analogs are ABA Model Rule 7.2 (advertising) and Model Rule 7.1 (communications about a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising), as the modern analog
• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canons 24 and 39

Other opinions cited:

• ABA Opinion 241 (to the same effect)

See also

• TX Ethics Op. 30: Yellow-Pages "Attorneys" Listings
• TX Ethics Op. 7: A Newspaper "Legal Directory" Listing
• TX Ethics Op. 25: Newspaper Professional Listings

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-6/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_6.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

Is it proper for attorneys to be listed in the classified section of telephone directories?

18 Baylor L. Rev. 196 (1966)

SOLICITATION - PROFESSIONAL LISTINGS - TELEPHONE DIRECTORIES
Attorneys may be listed in the classified section of telephone directories, provided no advertising matter is included.

Canons 24, 39.

Such a listing is proper provided that no advertising matter is included. To the same effect is Opinion No. 241 of the American Bar Association Committee. (7-0)

Tex. Comm. On Professional Ethics, Op. 6 (1947)