Can a Texas attorney run an announcement in the Texas Bar Journal stating that he is available to act as an appellate consultant for other lawyers?

Plain-English summary

The inquiry asked whether an attorney may place an announcement in the Texas Bar Journal stating his availability to act as a consultant in appellate work. The Committee answered that he may.

The Committee concluded that it is proper for an attorney to place an announcement in the Texas Bar Journal stating his availability as a consultant in a particular field of knowledge, such as taxation or estate planning, or as an associate of other lawyers, such as trial or appellate work. It observed that the Texas Bar Journal is a legal journal because it is published by a bar association, and that the announcement may be published in a dignified manner in each issue.

The Committee added that, with the adoption of DR 2-105(A)(3), its earlier Texas Opinion No. 10 (December 1947) was overruled.

Currency note

This opinion was issued in 1978, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The Disciplinary Rules have since been amended, and Texas never adopted the ABA's Ethics 2000 framework; lawyer-advertising doctrine changed substantially after Bates and again in the Texas 2021 advertising-rule revisions. The closest current provisions are Texas Rule 7.02 (communications about a lawyer's services) and Rule 7.04 (advertising and statements about fields of practice), with ABA analogs Model Rules 7.2 and 7.4. Subsequent rule changes 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 Treat this page as historical context, not current guidance.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 Texas lawyer advertise consulting availability in the Bar Journal?

A: Per the opinion, yes. The Committee said it is proper to place a dignified announcement in the Texas Bar Journal stating availability as a consultant in a particular field or as an associate of other lawyers.

Q: How often may the announcement run?

A: The Committee said the announcement may be published in a dignified manner in each issue of the Texas Bar Journal.

Q: Did this opinion change earlier Texas guidance?

A: Yes. The Committee stated that Texas Opinion No. 10 (December 1947) was overruled by the adoption of DR 2-105(A)(3).

Background and rules framework

The opinion interprets DR 2-105(A)(3) of the former Texas Code of Professional Responsibility, which permitted a dignified announcement of availability to consult or associate in a particular field. The closest current provisions are Texas Rules 7.02 and 7.04, with ABA analogs Model Rules 7.2 and 7.4. The analysis turns on the announcement being dignified and placed in a legal journal directed to other lawyers.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising); MR 7.4 (communication of fields of practice), as the modern analogs
• DR 2-105(A)(3) (former Texas Code of Professional Responsibility)

Other opinions cited:

• Tex. Comm. on Professional Ethics, Op. 10 (1947): overruled by the adoption of DR 2-105(A)(3)

See also

• TX Ethics Op. 428: Listing Fields of Law in Martindale-Hubbell Without a Disclaimer
• TX Ethics Op. 416: Paying to Be Listed in a Local Law Directory
• TX Ethics Op. 394: Lawyer Participation in and Promotion of Legal Seminars

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-393/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_393.pdf

Original opinion text

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

QUESTION PRESENTED

Rule: DR 2-105(A)(3)
May an attorney place an announcement in the Texas Bar Journal , stating his availability to act as a consultant in appellate work?

DISCUSSION

It is proper for an attorney to place an announcement in the Texas Bar Journal, stating his availability as a consultant in a particular field of knowledge (e.g. taxation, estate planning, etc.), or as an associate of other lawyers (e.g. trial, appellate, etc.).

The Texas Bar Journal is a legal journal, since it is published by a Bar Association. The announcement may be published in a dignified manner in each issue.

It is the opinion of the committee that Texas Opinion No. 10 (Dec., 1947), was overruled by the adoption of DR 2-105(A)(3).

Tex. Comm. On Professional Ethics, Op. 393 (1978)