Can a lawyer approach city officials to get a contract to collect the municipality's delinquent taxes?

Plain-English summary

The inquiry asked whether it violated the Canons for an attorney to contact municipal officials about securing a contract with the municipality to collect delinquent taxes owed by citizens of the community.

The Committee was of the opinion that such conduct would violate Texas Canon 24 and American Bar Canon 27, both of which prohibit the solicitation of business.

Currency note

This opinion was issued in 1953, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The solicitation restriction the opinion applies predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon framework used here has since been substantially narrowed; solicitation is now addressed by ABA Model Rule 7.3. Treat this page as historical context, not current guidance.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 pitch city officials for a tax-collection contract?

A: No. The Committee found that approaching municipal officials to land such a contract was solicitation of business barred by Texas Canon 24 and ABA Canon 27.

Q: Did the public, contractual nature of the work make it permissible?

A: No. The opinion treated the lawyer's contact to secure the contract as solicitation, without carving out an exception for a municipal contract.

Background and rules framework

The opinion interprets former Texas Canon 24 and American Bar Canon 27 (solicitation of business), applied to a lawyer seeking a municipal tax-collection contract. The modern analog is ABA Model Rule 7.3 (solicitation of clients).

Citations and references

Rules of Professional Conduct:

• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canon 24 (solicitation)
• American Bar Canon 27 (solicitation of business)

See also

• TX Ethics Op. 73: Reply Card Soliciting Insurer Work
• TX Ethics Op. 60: Lawyer's Newspaper Card With Tenure
• TX Ethics Op. 70: Mailing a Client a Magazine Article

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-58/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_58.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 an attorney to contact the municipal officials relative to securing a contract with the municipality to collect delinquent taxes owed by citizens of the community?

18 Baylor L. Rev. 221 (1966)

SOLICITATION - CONTRACTS WITH MUNICIPALITIES
An attorney may not contact the municipal officials relative to securing a contract with the municipality to collect delinquent taxes owed by the citizens of the community.

Canon 24. A.B.A. Canon 27.

It is the opinion of the committee that such conduct would be a violation of Texas Canon 24 and American Bar Canon 27, both of which prohibit the solicitation of business.

Tex. Comm. On Professional Ethics, Op. 58 (1953)