Can a firm list on its letterhead, as an associate, a lawyer licensed elsewhere but not yet admitted to practice in Texas?

Plain-English summary

The inquiry asked whether it violated the Canons for a firm to carry on its letterhead, as an associate, a person who is a licensed attorney of another jurisdiction and before the U.S. Patent Office but who has no license to practice law in Texas.

The Committee was unanimous that to carry the name in question as an associate, prior to the time he has been admitted to practice in Texas, would violate Canons 30 and 43. The vote was 9-0.

Currency note

This opinion was issued in 1952, 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; firm letterheads and jurisdictional limitations are now addressed by ABA Model Rule 7.5 and the unauthorized practice of law by Model Rule 5.5. Treat this page as historical context, not current guidance.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 firm list an out-of-state lawyer as an associate before he was admitted in Texas?

A: No. The Committee found that listing him as an associate on the letterhead before Texas admission violated Canons 30 and 43 (9-0).

Q: Did his licenses elsewhere and before the Patent Office make a difference?

A: No. Despite his out-of-state license and Patent Office admission, the Committee held the letterhead listing improper until he was admitted to practice in Texas.

Background and rules framework

The opinion interprets former Texas Canons 30 (partnerships) and 43, applied to a firm letterhead listing an out-of-state lawyer as an associate before Texas admission. The modern analogs are ABA Model Rule 7.5 (firm names and letterheads, including jurisdictional limitations) and Model Rule 5.5 (unauthorized practice of law; multijurisdictional practice).

Citations and references

Rules of Professional Conduct:

• MR 7.5 (firm names and letterheads), as the modern analog
• MR 5.5 (unauthorized practice; multijurisdictional practice), as the modern analog
• Texas Canons 30 (partnerships), 43

See also

• TX Ethics Op. 64: Multi-City Firm Directory Listings
• TX Ethics Op. 67: Using a Firm Name Without a Partnership
• TX Ethics Op. 238: Forwarding Fee to an Out-of-State Lawyer

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-50/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_50.pdf

Original opinion text

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

QUESTION PRESENTED

Is it a violation of the Canons of Ethics for a firm to carry on its letterhead as an associate, a person who is a licensed attorney of another jurisdiction and before the U.S. Patent Office, but who has no license to practice law in Texas?

18 Baylor L. Rev. 218 (1966)

PARTNERSHIPS - UNAUTHORIZED PRACTICE - LETTERHEADS
A firm may not carry on its letterhead the name of a person as an associate prior to the time he has been admitted to practice in Texas.

Canons 30, 43.

It is the unanimous opinion of the committee that to carry the name in question as an associate, prior to the time he has been admitted to practice in Texas, would be in violation of Canons Nos. 30 and 43. (9-0)

Tex. Comm. On Professional Ethics, Op. 50 (1952)