Can a lawyer run a newspaper advertisement offering divorce and civil law services?
Apply this to your situation
This page answers the general question as of 1954. 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 newspaper advertisement reading "Professional Service Lawyer, Divorce and Civil Law Services" with an office address and telephone number would violate the Canons.
The Committee unanimously concluded that the advertisement would violate Canon 39, which limits the publishing of professional cards to reputable law lists and law directories (10-0).
Currency note
This opinion was issued in 1954, 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 39 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 Treat this page as historical context, not current guidance.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 "Divorce and Civil Law Services" in a newspaper under this opinion?
A: No. The Committee held unanimously that the advertisement would violate Canon 39 (10-0).
Q: Where did Canon 39 allow professional cards to be published?
A: The opinion describes Canon 39 as limiting the publishing of professional cards to reputable law lists and law directories.
Background and rules framework
The opinion interprets former Texas Canon 39, which limited the publishing of professional cards to reputable law lists and law directories, applied to a newspaper advertisement. The modern analogs are ABA Model Rule 7.1 (communications concerning 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)
- Texas Canon 39
See also
- TX Ethics Op. 98: "Personal Injury Lawyer" on a Professional Card
- TX Ethics Op. 102: Advertising a New-Office Open House
- TX Ethics Op. 133: Office-Location Sign and Window Lettering
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-96/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_96.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Would the following advertisement, if inserted in a newspaper, constitute a violation of the Canons of Ethics:
"Professional Service Lawyer, Divorce and Civil Law Services
222 Blank Building AB-1234."
18 Baylor L. Rev. 234 (1966)
SOLICITATION - PROFESSIONAL CARDS - NEWSPAPERS
The publishing of professional cards is limited to reputable law lists and directories.
Canon 39.
The members of the committee are unanimously of the opinion that the above quoted advertisement would violate Canon 39, which limits the publishing of professional cards to reputable law lists and law directories. (10-0)
Tex. Comm. On Professional Ethics, Op. 96 (1954)
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