Can a lawyer who examines a title abstract stamp his firm name, address, and 'Attorney at Law, Examined by' on the abstract?

Plain-English summary

The inquiry asked whether a lawyer who examines an abstract of title could stamp on the face of the abstract his firm name and address, followed by the words "Attorney at Law, Examined by," with a blank for the examiner.

The Committee divided evenly. Five members considered the described conduct a form of advertising that would violate Canon 24; five members considered that it would not violate the Canons of Ethics (5-5). The opinion therefore left the question unresolved.

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 restrictions at issue 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 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 Treat this page as historical context, not current guidance.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: Did this opinion decide whether stamping a firm name on a title abstract is improper?

A: No. The Committee split 5-5, so it reached no conclusion (5-5).

Q: What was the disagreement?

A: Five members saw the stamp as a form of advertising barred by Canon 24; five saw no violation of the Canons.

Background and rules framework

The opinion considered former Texas Canon 24 (solicitation and advertising), applied to a lawyer's examiner stamp on a title abstract, without resolving the question. The modern analog for communications about a lawyer's services is ABA Model Rule 7.1.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 24 (advertising and solicitation)

See also

• TX Ethics Op. 96: Newspaper Advertisement of Legal Services
• TX Ethics Op. 85: Claim-Representative Title on a Professional Card
• TX Ethics Op. 110: Contributor Credit Noting "Attorney"

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-81/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_81.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 who examines an abstract of title to stamp on the face of the abstract his firm name and address, followed by the words, "Attorney at Law, Examined by [ ]?"

18 Baylor L. Rev. 230 (1966)

SOLICITATION - ABSTRACT OF TITLE
The committee is undecided whether an attorney who examines an abstract of title may stamp on the face of the abstract his firm's name and address, followed by "Attorney at Law, Examined by [ ].≅

Canon 24.

Five members of the committee are of the opinion that the above described conduct is a form of advertising and, therefore, would violate Canon 24. Five members of the committee are of the opinion that this conduct would not violate the Canons of Ethics. (5-5)

Tex. Comm. On Professional Ethics, Op. 81 (1953)