Can a lawyer who is listed under 'Attorneys' in the yellow pages also take a separate 'Title Service' listing soliciting title insurance?
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This page answers the general question as of 1953. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The inquiry asked whether it violated the Canons for an attorney already listed under "Attorneys" in the yellow pages of the local telephone directory to also carry a listing under "Title Service" reading, after his name: "Title Insurance Guarantees Land Titles and Liens / Exclusive Agent / (Name of Company) / 'Better Be Safe Than Sorry' / (Telephone Number)."
The Committee was of the opinion that such a listing violates Canon 24, which prohibits solicitation, direct or indirect; Canon 39, which deals with professional cards and permissible listings; and Canon 42, which deals with notice of specialized legal service. The vote was 9-0.
Currency note
This opinion was issued in 1953, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The advertising and solicitation restrictions the opinion applies predate Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon framework used here has since been substantially narrowed; lawyer advertising and solicitation are now addressed by ABA Model Rules 7.2 and 7.3. Treat this page as historical context, not current guidance.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 take a second yellow-pages listing under "Title Service"?
A: No. The Committee found the separate listing soliciting title insurance violated Canons 24, 39, and 42 (9-0).
Q: What made the "Title Service" listing improper rather than a permissible directory entry?
A: The listing named the lawyer while soliciting title insurance as an "Exclusive Agent" with promotional language, which the Committee treated as solicitation beyond a permissible professional listing.
Background and rules framework
The opinion interprets former Texas Canons 24 (solicitation), 39 (professional cards and permissible listings), and 42 (notice of specialized legal service), applied to a lawyer's second telephone-directory listing promoting a title-insurance agency. The modern analogs are ABA Model Rule 7.2 (advertising) and Model Rule 7.3 (solicitation of clients).
Citations and references
Rules of Professional Conduct:
- MR 7.2 (advertising), as the modern analog
- MR 7.3 (solicitation of clients), as the modern analog
- Texas Canons 24 (solicitation), 39 (professional cards and listings), 42 (notice of specialized legal service)
See also
- TX Ethics Op. 73: Reply Card Soliciting Insurer Work
- TX Ethics Op. 68: 'Tax Service' Card in a Legal Directory
- TX Ethics Op. 80: Listing in a Rural-Suburban Directory
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-62/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_62.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it a violation of the Canons of Ethics for an attorney who carries a listing under "Attorneys" in the yellow pages of the local telephone directory, to also carry a listing under "Title Service" which after giving his name, reads:
Title Insurance Guarantees Land Titles and Liens
Exclusive Agent
(Name of Company)
'Better Be Safe Than Sorry'
(Telephone Number)"
February 1953
18 Baylor L. Rev. 223 (1966)
SOLICITATION - PROFESSIONAL LISTINGS - NOTICE OF SPECIALIZED LEGAL SERVICE - TELEPHONE DIRECTORIES
An attorney who carries a listing under "attorneys" in the yellow pages of the local telephone directory, may not also carry a listing under "Title Service," giving his name and soliciting title insurance.
Canons 24, 39, 42.
The committee is of the Opinion that such a listing violates Canon 24, which prohibits solicitation, direct or indirect, Canon 39 which deals with professional cards and permissible listings; and Canon 42, which deals with notice of specialized legal service. (9-0)
Tex. Comm. On Professional Ethics, Op. 62 (1953)
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