Can a lawyer list his name and address in the advertising section of a rural and suburban directory?

Plain-English summary

The inquiry asked whether a lawyer could list his name and address in the advertising section of a "rural and suburban directory."

The Committee unanimously concluded that such a listing would violate Canon 24, which prohibits solicitation, and Canon 39, which limits the publishing of professional cards to reputable law lists and law directories (10-0).

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 advertising and solicitation restrictions the opinion applies predate 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 24 and 39 framework used here has since been substantially narrowed. Treat this page as historical context, not current guidance.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 list his name in a rural and suburban directory's advertising section?

A: No. The Committee held unanimously that the listing would violate Canons 24 and 39 (10-0).

Q: Which directories did Canon 39 allow?

A: The opinion describes Canon 39 as limiting the publishing of professional cards to reputable law lists and law directories.

Background and rules framework

The opinion interprets former Texas Canon 24 (solicitation) and Canon 39 (content and placement of professional cards), applied to a directory's advertising section. 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)
• Texas Canon 24 (advertising and solicitation)
• Texas Canon 39

See also

• TX Ethics Op. 96: Newspaper Advertisement of Legal Services
• TX Ethics Op. 107: Bold-Faced Type in a Telephone Directory
• TX Ethics Op. 98: "Personal Injury Lawyer" on a Professional Card

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-80/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_80.pdf

Original opinion text

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

QUESTION PRESENTED

Would it be a violation of the Canons of Ethics for an attorney to list his name and address in the advertising section of a "rural and suburban directory?"

18 Baylor L. Rev. 230 (1966)

SOLICITATION - ADVERTISING - PROFESSIONAL CARDS - RURAL AND SUBURBAN DIRECTORIES
An attorney may not list his name and address in the advertising section of a "rural and suburban directory."

Canons 24, 39.

The members of the committee are unanimously of the opinion that such a listing would violate Canon 24, which prohibits solicitation and Canon 39, which ;limits the publishing of professional cards to reputable law lists and law directories. (10-0)

Tex. Comm. On Professional Ethics, Op. 80 (1953)