Can a lawyer who works as a landman use letterhead and drafts that show only his name, address, and 'oil,' without indicating he is an attorney?
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This page answers the general question as of 1955. 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 it would violate the Canons for an attorney who acts as a landman for certain clients to use drafts and letterheads containing only his name, address, and the word "oil," rather than forms showing that he is an attorney.
The Committee concluded it would not violate the Canons for an attorney to use the described stationery when acting as a landman. The vote was 7-0.
Currency note
This opinion was issued in 1955, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The advertising-related restrictions of Canon 39 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 framework used here has since changed. Treat this page as historical context, not current guidance.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 doing landman work use non-lawyer stationery under this opinion?
A: Yes. The Committee held it would not violate the Canons to use stationery showing only his name, address, and "oil" when acting as a landman (7-0).
Q: Was the Committee divided?
A: No. The opinion was unanimous, 7-0.
Background and rules framework
The opinion interprets former Texas Canon 39 of the Canons of Ethics of the State Bar of Texas, as applied to a lawyer's stationery while doing non-law landman work. 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), as the modern analog
- Texas Canon 39
See also
- TX Ethics Op. 119: Lawyer Status on a Sideline Business Letterhead
- TX Ethics Op. 121: Postage-Meter Civic Slogans
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-114/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_114.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Would it violate the Canons of Ethics for an attorney who acts as landman for certain clients to use drafts and letterheads containing only his name, address, and the word "oil" rather than using forms which show that he is an attorney?
18 Baylor L. Rev. 240 (1966)
ACTING AS A LANDMAN
It is proper for an attorney acting as a landman to use stationery which does not indicate that he is an attorney.
Canon 39.
The committee is of the opinion that it would not violate the Canons of Ethics for an attorney to use the above described stationery when acting as a landman. (7-0)
Tex. Comm. On Professional Ethics, Op. 114 (1955)
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