Can a lawyer run a Texas Bar Journal ad to other lawyers touting his Spanish fluency and Latin-American experience and offering to handle their clients' matters abroad?

Plain-English summary

The inquiry presented a Texas Bar Journal advertisement, addressed to members of the bar, from a Spanish-speaking lawyer offering to travel to Latin-American countries for other lawyers or their clients on a per-case or per-diem basis. The ad listed his qualifications, including eight years of Austin practice, eighteen years in Latin-American countries, service as Special Assistant to the U.S. Ambassador to Chile, equal fluency in Spanish and English, and familiarity with Latin-American legal systems, and gave "the lawyers of Travis County" as references.

The committee held that the ad either violated or did not conform to the requirements of Canons 24, 39, 41, and 42. The vote was 7-0.

Currency note

This opinion was issued in 1946, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Lawyer advertising restrictions were also reshaped by later constitutional decisions beginning with Bates v. State Bar of Arizona (1977). 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 statements of fields of practice by Model Rule 7.4. Treat this page as historical context, not current guidance.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 his language skills and foreign experience to other lawyers?

A: Not in this form. The committee held the Bar Journal ad, with its list of qualifications and references, either violated or did not conform to Canons 24, 39, 41, and 42.

Q: Did citing 'the lawyers of Travis County' as references help?

A: No. That reference was part of what the committee described in finding the ad improper; the opinion treated the advertisement as a whole as failing the canons.

Background and rules framework

The opinion interprets former Texas Canons 24 (solicitation), 39 (professional card), 41, and 42 (notice of specialized legal service), applied to a Bar Journal advertisement marketing a lawyer's specialized cross-border services to other lawyers. The modern analogs are ABA Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.4 (communication of fields of practice and specialization).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.4 (communication of fields of practice and specialization), as the modern analog
• Texas Canons 24, 39, 41, and 42

See also

• TX Ethics Op. 10: A Bar Journal Ad for Appellate Services
• TX Ethics Op. 8: A Bar Journal Tax-Service Advertisement

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-2/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_2.pdf

Original opinion text

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

QUESTION PRESENTED

Whether the following ad in the Texas Bar Journal violates one or more of the Canons of Ethics, towit:

"TO MEMBERS OF THE BAR RE: LATIN-AMERICAN BUSINESS

Do you need a Spanish-speaking lawyer to travel to any Latin-American country for you or your client on a per case or per diem basis?

Qualifications:
I have practiced law in Austin for 8 years;
Have spent 18 years in Latin-American countries;
Was Special Assistant to the U.S. Ambassador in Chile from 1942 to 1945;
Speak, write and read Spanish and English equally well; and
Am familiar with the legal systems of Latin-American countries, their governments and their people.
References: The lawyers of Travis County."

18 Baylor L. Rev. 195 (1966)

SOLICITATION - ADVERTISING - PROFESSIONAL LISTINGS - NOTICE OF SPECIALIZED LEGAL SERVICE - LATIN-AMERICAN BUSINESS - BAR JOURNAL
An ad in the T.B.J. addressed to the members of the Bar, soliciting Latin-American business stating "References; the lawyers of Travis County" and setting out the ability to read and write Spanish and English equally well, plus other qualifications, is improper.

Canons 24, 39, 41, 42.

The foregoing ad, either violates or does not conform to, the requirements of Canons 24, 39, 41 and 42. (7-0)

Tex. Comm. On Professional Ethics, Op. 2 (1946)