Can a lawyer write and get paid for general legal articles in newspapers or trade journals, and can he be listed as a publication's free legal adviser?

Plain-English summary

The inquiry asked whether a lawyer's writing a paid weekly feature on commonplace legal matters for newspapers would be unethical, that is, whether it would be solicitation or improper advertising, or instead would be treated like writing and selling law books.

The committee answered through Canon 37, which it described as substantially the same as ABA Canon 40, and adopted ABA Opinions 92 and 162 as its own. Under those authorities, writing and selling general legal articles is proper so long as the lawyer does not accept employment to advise inquirers about their individual rights, and the type of publication (including a trade journal) makes no difference to the ethical question. The committee distinguished the impermissible arrangement: a lawyer may not allow his name to be carried in a publication as a free legal adviser for the publication's subscribers, which the adopted opinion treated as contrary to the canons. The vote was 6-1.

Currency note

This opinion was issued in 1948, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis; communications about a lawyer's services are now addressed by ABA Model Rule 7.1 and solicitation by Model Rule 7.3. Treat this page as historical context, not current guidance.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: Can a lawyer be paid to write a general legal column for a newspaper?

A: Under this opinion, yes. The committee held writing and selling general legal articles is proper, provided the lawyer does not use them to advise inquirers about their individual rights.

Q: Does it matter that the publication is a trade journal rather than a newspaper?

A: No. Through adopted ABA Opinion 162, the committee said the type of publication makes no difference to the ethical question.

Q: What crossed the line?

A: Letting the lawyer's name be carried in a publication as a free legal adviser for its subscribers. The adopted opinion treated that as contrary to the canons, distinct from merely writing articles.

Background and rules framework

The opinion interprets former Texas Canon 37, described as substantially the same as ABA Canon 40, on writing for publication, and adopts ABA Opinions 92 and 162. It separates permissible authorship of general legal articles from an impermissible standing arrangement to give free legal advice to a publication's subscribers. The modern analogs are ABA Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.3 (solicitation of clients).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 37, ABA Canon 40

Other opinions cited:

• ABA Opinion 92: writing and selling general legal articles is proper if the lawyer does not advise inquirers about individual rights
• ABA Opinion 162: a lawyer may not be carried as a publication's free legal adviser to subscribers

See also

• TX Ethics Op. 19: Soliciting a Reciprocal Lawyer-Referral Society
• TX Ethics Op. 14: A Departing Officeholder's Newspaper Announcement

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-12/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_12.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

Whether or not a lawyer's writing a feature weekly letter upon common place law matters in which the public generally is interested for the newspapers to carry and pay a compensation to the lawyer, would be unethical. In other words, would such be considered a solicitation of business or improper advertising or, on the contrary, would it be treated as the writing and selling of such service as in the nature of the writing and selling of law books?

18 Baylor L. Rev. 198 (1966)

ARTICLES ON LEGAL SUBJECTS - NEWSPAPERS - MAGAZINES - TRADE JOURNALS
An attorney may write and sell for publication articles of a general nature on legal subjects for newspapers, magazines, or trade journals, provided he does not advise inquirers in respect to their individual rights.

ADVERTISING - FREE LEGAL ADVICE TO SUBSCRIBERS
An attorney may not allow his name to be carried in a magazine or other publication representing that he is an attorney for a named organization and will furnish free legal advice to its members.

Canon 37. A.B.A. Canon 40.

Canon 37, which is substantially the same as Canon 40 of the American Bar Association, and Opinions 92 and 162 of the opinions of the Committee on Professional Ethics and Grievances of such association, adequately cover and answer the foregoing question. Such Opinions 92 and 162 are hereby adopted as the opinion of this Committee applicable to Canon 37; which opinions read as follows:

Opinion 92: "An attorney of the Atlanta Bar seeks the opinion of the committee as to the propriety under ethical standards of the American Bar Association, of his writing, signing and selling to periodicals of general circulation articles of a general nature upon legal subjects. Canon No. 40 of the Canons of Professional Ethics expressly recognizes the practice as proper with the qualification that 'he should not accept employment from such publications to advise inquirers with respect to their individual rights.' Since the articles are to be of a 'general nature,' we assume they will not come within the exception to Canon 40; that they will constitute dignified and instructive treatment of the law, its history, philosophy and interpretation. Within the bounds indicated, the contemplated activity is entirely proper."

Opinion 162: "A trade magazine, in soliciting subscriptions from persons engaged in the business to which it related, stated that it operated a Legal Advice Service Department under the direction of the country's leading authority in the field of law pertaining to that business, in order to help its subscribers in solving their legal problems. It invited all subscribers to submit their questions to it, stating that the specialist would give subscribers the benefit of his advice free. It also stated that he contributes a monthly article to the magazine dealing with those phases of the law with which men in that particular business are continuously coming in contact, which service alone is worth many times the $3.00 subscription price and might easily save one engaged in the business hundreds of dollars.

A member of this Association inquires whether the attorney is guilty of unethical conduct in furnishing advice to the subscribers of this magazine or in writing the article for its pages, it being assumed that for each he is paid by the magazine.

There is no ethical or other valid reason why an attorney may not write articles on legal subjects for magazines and newspapers. The fact that the publication is a trade journal or magazine, makes no difference as to the ethical question involved. On the other hand, it would be unethical and contrary to the precepts of the canons for the attorney to allow his name to be carried in the magazine or other publication in the manner indicated in the foregoing statement, as a free legal adviser for the subscribers to the publication. Such would be contrary to Canons 27 and 35 and opinions heretofore announced by the Committee on Professional Ethics and Grievances. (See Opinions 31, 41, 42 and 56.)" (6-1)

Tex. Comm. On Professional Ethics, Op. 12 (1948)