Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?

Plain-English summary

The inquiry presented two cases. In Case 1, an attorney wanted to publish a monthly trade journal of dignified legal articles for real estate brokers (not answering individual inquiries), edited by him, and asked whether he could identify himself as an attorney, include a biographical sketch with his education, degrees, and firm membership, and let the publishing firm identify him as an attorney and use his biography in advertising for subscribers. In Case 2, an attorney was asked to write a general legal column for a trade journal, and the editor wanted to run the attorney's picture, name, and the fact that he is an attorney at the head of the column.

The Committee first confirmed that writing legal articles for lay publications is permissible under Texas Canon 37 and ABA Canon 40, so long as the lawyer does not accept employment to advise inquirers on individual rights; the proposed articles and column were within those limits. The ethical problem was advertising. In Case 1, identifying the editor or author as an attorney, publishing his biographical data, and noting his firm membership would advertise him in his professional capacity, prohibited by Canon 24 and ABA Canon 27; all of those questions were answered "no," 8-0.

Case 2 was closer because the attorney was not in the publishing business. The Committee distinguished legal journals, where an attorney-author may be identified by name, profession, picture, and even firm name (approving ABA Opinion 141 on a picture in a law fraternity journal as creating interest rather than advertising), from lay trade journals. A minority would have allowed name, profession, and picture so long as no firm name or address appeared. The majority held that lay trade journals stand on different ground because of the real likelihood of indirect solicitation, and, approving ABA Informal Decision 743, ruled that identification of an attorney-author in a trade journal or other lay publication should be limited to name only. That ruling was 6-2.

Currency note

This opinion was issued in 1966, 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 misleading communications 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 lawyer writing for a lay trade journal include a photo and biography?

A: The Committee said no. In a lay trade journal the attorney-author's identification should be limited to name only; a picture, biographical data, attorney designation, or firm connection would amount to advertising under Canon 24.

Q: Is the rule different for legal journals?

A: Yes. The Committee said in legal journals an attorney-author may be identified by name, profession, picture, and even firm name, seeing no danger of solicitation in that setting within the bounds of good taste.

Q: Can a lawyer write legal articles for lay publications at all?

A: Yes. Under Canon 37 and ABA Canon 40 a lawyer may write articles giving legal information for lay publications, so long as he does not accept employment to advise inquirers on their individual rights.

Background and rules framework

The opinion interprets former Texas Canon 37 and ABA Canon 40 (writing for lay publications) and Texas Canon 24 and ABA Canon 27 (advertising and self-laudation), distinguishing legal journals from lay trade journals. 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), as the modern analog
• Texas Canons 37 and 24; ABA Canons 40 and 27 (former canons)

Other opinions cited:

• Texas Opinions 90, 91, 194, and 249
• ABA Opinions 92, 141, and 162; ABA Informal Decision 743 (March 12, 1964)

See also

• TX Ethics Op. 331: "Tax Attorney" Specialty Designation on a Letterhead
• TX Ethics Op. 344: Use of the Titles "Doctor" and "J.D." by a Lawyer
• TX Ethics Op. 340: Advertising a Political Candidacy in an Organization's Newspaper

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-329/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_329.pdf

Original opinion text

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

QUESTION PRESENTED

CASE 1:
An attorney desires to conduct a business of publishing a monthly trade journal which will contain articles of general interest to real estate brokers on various legal subjects. The publication will not answer inquiries with respect to individual rights and will carry a notice to the effect that each reader should consult his own attorney regarding his personal legal problems. The articles will be dignified and instructive treatments of the law, its history and philosophy. The editor will be an attorney.
CASE 1 QUESTIONS
May the editor identify himself in the publication as an attorney at law?
May the editor include in the publication a brief biographical sketch, showing his education, degrees and firm membership?
May the author of legal material in such journal permit the publishing firm to identify him as an attorney at law in its advertising thereof?
May the editor permit the publishing firm to use a brief biographical sketch of him (presumably including his identity and qualifications as an attorney) in its advertisements seeking subscribers?
CASE 2:
An attorney is asked to write a column of general nature on legal subjects for a trade journal. The column will not answer inquiries with respect to individual rights and will be a dignified and instructive treatment of the law, its history and philosophy. The editor of the trade journal desires to publish at the head of the column a picture of the attorney, his name and the fact that he is an attorney.
CASE 2 QUESTION
May the attorney ethically permit the publication of his picture, name and identification as an attorney?

23 Baylor L. Rev. 857 (1972)

ADVERTISING - LEGAL ARTICLES AND ATTORNEY IDENTIFICATION IN TRADE JOURNALS
An attorney who edits a bar journal or who writes legal articles for a trade journal may be identified by name only and may not ethically permit the publication of his picture, his identification as an attorney, biographical data showing his legal qualifications, his firm connection or address.

Canons 37, 24. ABA Canons 40, 27.

Texas Canon 37 and ABA Canon 40 expressly provide that a lawyer may write articles for publication in lay publications in which he gives information upon the law but he should not accept employment from such publications to advise inquirers in respect to their individual rights. Thus, it appears that the proposed articles and column are within permissible limits. See Texas Opinion 90 (November, 1953), adopting ABA Opinion 92 (May 2, 1933), and ABA Opinion 162 (August 22, 1936).

The ethical questions relate to advertising.

In Case 1 the attorney proposes to engage in a business of publishing a monthly trade journal. In Opinion 91 (November, 1953) we ruled that an attorney may engage in any business and advertise that business so long as he does not directly or indirectly advertise in his professional capacity. We further ruled in Opinion 194 (March, 1959), modified somewhat in Opinion 249 (June, 1962), that an attorney who has withdrawn from law practice and is engaged entirely in other business may advertise in connection with that business and show as one of his qualifications therefor that he is a licensed attorney. The present case, however, does not fall within the narrow confines of those opinions. On the contrary, the identification of the editor and/or author as an attorney at law the publication of biographical data and his identification as a member of a law firm would be calculated to advertise the attorney in his professional capacity and therefore is prohibited by Texas Canon 24 and ABA Canon 27. All questions are answered "no." (8-0.)

Case 2 presents a somewhat closer question. The attorney himself is not involved in the business of publishing the trade journal and there is thus less likelihood of direct advertising, but the majority of the Committee are of the opinion that the publication of the author's picture and his designation as an attorney at law in the trade journal would violate Texas Canon 27 and ABA Canon 27.

It is common practice in legal journals for an attorney-author to be identified by name, profession, picture and even firm name, and in ABA Opinion 141 (May 9, 1935) the use of an attorney's picture in connection with his legal article in a law fraternity's journal was expressly approved upon the ground that the picture was not used for advertising but rather to create interest in legal subjects and friendly relationships among members of the fraternity. We approve that reasoning and see no danger of either direct or indirect solicitation in the publication of pictures, biographical data, etc., within the bounds of good taste, in connection with articles appearing in legal journals.

We recognize that in lay trade journals also, attorney-authors are frequently identified by name, profession and picture, and two members of the Committee feel that so long as the attorney-author is not identified by firm name or address the "solicitation" aspect is too remote and inconsequential to justify condemnation. Citing 39 A.B.A.J. 301, one member says "There is no real merit in disciplining a lawyer for sneezing or blowing his nose in public." The majority of the Committee, however, feel that trade journals and other lay publications stand on different ground from legal journals and while lay readers no doubt are interested in the identification and qualifications of authors whose works appear therein, there is a real likelihood of indirect (if not direct) solicitation which outweighs the interest of the lay readers. ABA Informal Decision 743 (March 12, 1964) holds that an attorney who writes for a trade journal should authorize only the use of his name and not his picture or office address. We approve that opinion and rule that the identification of an attorney-author in a trade journal or other lay publication should be limited to name only. (6-2.)

Tex. Comm. On Professional Ethics, Op. 329 (1966)