Can a lawyer list practice areas like 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card?

Plain-English summary

The inquiry asked whether a professional card naming the lawyer as "Counselor and Attorney at Law" followed by "Wills - Estates - Personal Injury - Insurance and Divorce" exceeded the language of Canon 39, which permitted the listing of "special branches of the profession practiced."

The Committee took the view that the language used was too broad to constitute "special branches" of the practice, and that the card violated Canons 24 and 39. The vote was 8-1.

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 restriction the opinion applies predates 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; the communication of fields of practice is now addressed by ABA Model Rule 7.4. Treat this page as historical context, not current guidance.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: Why was the list of practice areas improper under this opinion?

A: The Committee found the listed words too broad to constitute the "special branches" of practice that Canon 39 allowed a card to note, so the card violated Canons 24 and 39 (8-1).

Q: Did Canon 39 allow any statement of practice areas on a card?

A: Canon 39 permitted listing "special branches of the profession practiced"; the Committee's objection was that this particular list went beyond that, not that no field could ever be noted.

Background and rules framework

The opinion interprets former Texas Canons 24 (solicitation) and 39 (professional cards), applied to a card listing several fields of practice. The modern analogs are ABA Model Rule 7.4 (communication of fields of practice) and Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.4 (communication of fields of practice), as the modern analog
• MR 7.1 (communications concerning a lawyer's services)
• Texas Canon 24 (solicitation)
• Texas Canon 39 (professional cards)

See also

• TX Ethics Op. 77: 'Tax Practice Exclusive' on Letterhead
• TX Ethics Op. 98: 'Personal Injury Lawyer' on a Card
• TX Ethics Op. 112: Announcing a Practice 'Specialty'

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-72/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_72.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 a lawyer to use a card in the following form:

(Name of Attorney)
Counselor and Attorney at Law
Wills - Estates - Personal Injury
Insurance and Divorce
(Street Address) (Name of town)

The inquiry submitted asked if the form of the card itself exceeded the language of Canon 39 which permits the listing of "special branches of the profession practiced."

18 Baylor L. Rev. 227 (1966)

SOLICITATION - PROFESSIONAL CARDS
The words: "WillsΧEstatesΧPersonal InjuryΧInsurance and Divorce," appearing on a professional card is improper.

Canon 24.

The committee is of the opinion that the language used is too broad to constitute "special branches" of the practice, and the card does violate Canons 24 and 39. (8-1)

Tex. Comm. On Professional Ethics, Op. 72 (1953)