Can a lawyer advertise a separate non-legal business he runs without violating the advertising rules?
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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 a lawyer engaged in a business not connected with the practice of law could advertise that business.
The Committee concluded that the Canons would permit a lawyer to advertise a legitimate business enterprise in which he is engaged, so long as those business advertisements do not, directly or indirectly, advertise the lawyer in his professional capacity (9-1).
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 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 Treat this page as historical context, not current guidance.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 lawyer advertise a separate non-legal business under this opinion?
A: Yes. The Committee held that a lawyer may advertise a legitimate business he is engaged in, provided the ads do not advertise him in his professional capacity (9-1).
Q: Where was the line drawn?
A: The advertisement could promote the business, but could not, directly or indirectly, advertise the person as a lawyer.
Background and rules framework
The opinion interprets former Texas Canon 24 (advertising and solicitation), applied to a lawyer's advertising of a separate, non-legal business. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 5.7 (responsibilities regarding law-related services).
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services), as the modern analog
- MR 5.7 (responsibilities regarding law-related services)
- Texas Canon 24 (advertising and solicitation)
See also
- TX Ethics Op. 92: Lawyer Organizing a Collection Agency
- TX Ethics Op. 119: Lawyer Status on a Side-Business Letterhead
- TX Ethics Op. 110: Contributor Credit Noting "Attorney"
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-91/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_91.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 the Canons of Ethics for an attorney to engage in a business not connected with the practice of law to advertise that business?
November 1953
18 Baylor L. Rev. 232 (1966)
ADVERTISING A NON-LEGAL BUSINESS
An attorney may advertise a legitimate business in which he is engaged, provided the advertisements do not, directly or indirectly, advertise him in his professional capacity.
Canon 24.
The committee is of the opinion that the Canons would permit an attorney to advertise a legitimate business enterprise in which he is engaged so long as these advertisements of business do not, directly or indirectly, advertise the attorney in his professional capacity. (9- 1)
Tex. Comm. On Professional Ethics, Op. 91 (1953)
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