Can a Texas lawyer be listed in a regular newspaper column headed 'Legal Directory'?

Currency note

The Committee overruled this opinion to the extent it conflicts with Opinion 68, as noted in the published title. 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). Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Plain-English summary

The inquiry asked about the propriety of listing attorneys in a regular column in a newspaper headed "Legal Directory."

The committee concluded such a listing is not improper where it contains only the statements expressly set out in Canon 39. The published opinion carries a notation that it has been overruled to the extent it conflicts with Opinion 68, which the committee issued later on the related question of professional listings.

Common questions

Q: Was a newspaper "Legal Directory" listing allowed under this opinion?

A: Yes, as originally decided. The committee held it was not improper where the listing contained only the statements Canon 39 expressly permitted. Note that the opinion was later overruled to the extent it conflicts with Opinion 68.

Q: What limited the contents of the listing?

A: Canon 39, on the professional card. The listing could include only the statements that Canon expressly set out.

Background and rules framework

The opinion interprets former Texas Canons 24 (solicitation) and 39 (professional card), applied to a newspaper "Legal Directory" listing. The committee later revisited professional listings in Opinion 68, which controls to the extent of any conflict. The modern analogs are ABA Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.2 (advertising).

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

• Texas Ethics Opinion 68 (overrules this opinion to the extent of any conflict)

See also

• TX Ethics Op. 68: Tax Service in a Professional Card
• TX Ethics Op. 25: Newspaper Professional Listings
• TX Ethics Op. 6: Telephone Directory Listings

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-7/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_7.pdf

Original opinion text

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

QUESTION PRESENTED

The propriety of listing of attorneys in a regular column in a newspaper headed "Legal Directory."

18 Baylor L. Rev. 197 (1966)

SOLICITATION - PROFESSIONAL LISTING - NEWSPAPERS
A professional listing in a regular column in a newspaper headed "Legal Directory," is proper. (This opinion has been overruled to the extent that it conflicts with Opinion 68.)

Canons 24, 39.

Such a listing is not improper where same contains only the statements expressly set out in Canon 39.

Tex. Comm. On Professional Ethics, Op. 7 (1947)