Can a law firm let its name appear on manuscript covers used for abstract work put out by an abstract company a firm member owns?
Apply this to your situation
This page answers the general question as of 1953. Ask about yours and see what the current Texas Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry asked whether a law firm could permit the use of its manuscript covers, showing the firm's name and location, on abstract supplements and other work furnished by an abstract company in which a member of the firm had an interest.
The Committee unanimously concluded that the practice would violate Canon 24, which prohibits solicitation of professional employment by advertising (10-0).
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 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 24 framework used here has since been substantially narrowed. Treat this page as historical context, not current guidance.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 firm's name appear on abstract-company manuscript covers under this opinion?
A: No. The Committee held unanimously that doing so would violate Canon 24 (10-0).
Q: Did a firm member's interest in the abstract company matter?
A: The question, and the holding, were framed around an abstract company in which a member of the firm was interested.
Background and rules framework
The opinion interprets former Texas Canon 24 (solicitation by advertising), applied to a firm letting its name circulate on a related abstract company's work product. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.5 (firm names and letterhead).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services), as the modern analog
- MR 7.5 (firm names and letterhead)
- Texas Canon 24 (advertising and solicitation)
See also
- TX Ethics Op. 85: Claim-Representative Title on a Professional Card
- TX Ethics Op. 96: Newspaper Advertisement of Legal Services
- TX Ethics Op. 110: Contributor Credit Noting "Attorney"
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-79/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_79.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Would it be a violation of Canons of Ethics for a law firm to permit the use of its manuscript covers showing name and location of firm on Abstract Supplements and other work furnished by an abstract company in which a member or law firm is interested?
18 Baylor L. Rev. 230 (1966)
SOLICITATION - ADVERTISING - MANUSCRIPT COVERS
A law firm may not permit the use of its manuscript covers showing name and location of the firm on Abstract supplements and other work furnished by an abstract company in which a member of the firm is interested.
Canon 24.
The members of the committee are unanimously of the opinion that the above described practice would violate Canon 24, which prohibits solicitation of professional employment by advertising. (10-0)
Tex. Comm. On Professional Ethics, Op. 79 (1953)
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