Can a law firm advertise its move to new offices and an open house in the newspaper or by mailed invitations, or let its contractors and furniture suppliers do so?

Plain-English summary

A law firm moving into newly remodeled offices in a building it had purchased asked four questions: whether it could advertise the change of address and an open house with refreshments in the local newspaper; whether it could mail invitations about the move and open house to persons in the city; whether its contractors and furniture suppliers could advertise that the building had been remodeled and invite the public to an open house; and whether the furniture suppliers could advertise that they had furnished the offices and invite the public to inspect the furnishings.

The Committee answered each in the negative. Quoting Mr. Justice Frankfurter, "This is a horse quickly curried," it said Opinions 102, 218, 221, and 223 require a negative answer to all four proposals and delineate the only announcement that may be made. The first two proposals obviously violate Canon 24. The third and fourth concern the conduct of non-lawyers, who are not controlled by the canons, but the lawyers would necessarily be parties to that advertising, and by permitting it they would just as obviously violate Canon 24 as if they advertised themselves. The Committee ruled 9-0.

Currency note

This opinion was issued in 1963, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. It also predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which loosened categorical advertising restrictions, though prohibitions on solicitation were not eliminated. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 law firm advertise an open house at its new offices?

A: Under this opinion, no. The Committee said advertising the new offices and open house by newspaper or mailed announcements violates Canon 24.

Q: Can the firm's contractors or furniture suppliers advertise the open house instead?

A: No. The Committee said that although non-lawyers are not controlled by the canons, the lawyers would be parties to that advertising, and by permitting it they would violate Canon 24 as if they advertised themselves.

Background and rules framework

The opinion interprets former Texas Canon 24, which prohibited advertising and solicitation by lawyers, as applied to office-move and open-house announcements. The modern analogs are ABA Model Rule 7.1, on communications concerning a lawyer's services, and Model Rule 7.2, on 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), as the modern analog
• Texas Canon 24 (former canon)

Other opinions cited:

• Texas Opinions 102, 218, 221, and 223: the only permissible office-change announcement

See also

• TX Ethics Op. 277: Lawyer Listings in a Business Guide and City Directory
• TX Ethics Op. 280: Will Reciting That the Drafting Attorney Holds a Duplicate Original
• TX Ethics Op. 285: "General Practice" on a Lawyer's Office Door Sign

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-261/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_261.pdf

Original opinion text

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

QUESTION PRESENTED

A law firm is moving into newly remodeled, renovated and refurnished law offices in a building which it purchased.
Can it advertise in the local newspaper the change of address and an open house at a particular time when refreshments will be served?
Can it send out by mail invitations to persons located in this city advising as to the removal and the open house?
Can the contractors and furniture suppliers advertise in the newspaper that the building in question has been remodeled and the people are invited to an open house?
Can the furniture suppliers advertise in the local paper that they have furnished the offices in the particular building and invite the people to inspect the furnishings?

18 Baylor L. Rev. 338 (1966)

SOLICITATION - ADVERTISING - NEW OFFICES - OPEN HOUSE
A law firm may not directly, or indirectly by cooperation with contractors and suppliers, advertise to the public at large, either by newspaper or mailed announcements, that an open house will be held in its new law offices.

Canon 24.

As Mr. Justice Frankfurter once propounded, "This is a horse quickly curried." Opinions 102, 218, 221 and 223 require a negative answer to each of the four proposals; those opinions delineate the only possible announcement which may be made. Proposals 1 and 2 obviously violate Canon 24. Proposals 3 and 4 inquire specifically as to the conduct of non-lawyers and they are not controlled by the Canons, but the lawyers of necessity would be parties to the advertising incident to proposals 3 and 4 and by permitting same they would just as obviously violate Canon 24 as if they conducted the advertising themselves. (9- 0.)

Tex. Comm. On Professional Ethics, Op. 261 (1963)