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TX 1953

Can a lawyer's law-list listing name several clients and add 'list of references on request'?

Short answer: Yes. The Committee concluded (7-3) that a professional listing in a law list may include the names of six clients and the statement 'list of references on request' without violating Canon 39.

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This page answers the general question as of 1953. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.

Currency note: this opinion is from 1953
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiry asked whether it would violate Canon 39 to include in a law list the names of six clients and, in addition, to state "List of references on request."

The Committee concluded that the described listing would not violate Canon 39 (7-3).

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 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 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 Treat this page as historical context, not current guidance.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 law-list listing name six clients and offer references on request?

A: Yes. The Committee held that such a listing would not violate Canon 39 (7-3).

Q: How divided was the Committee?

A: The vote was 7-3, so three members would have found the listing improper.

Background and rules framework

The opinion interprets former Texas Canon 39, governing the content of professional listings, applied to a law-list entry naming clients and offering references. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

  • MR 7.1 (communications concerning a lawyer's services), as the modern analog
  • Texas Canon 39

See also

Source

Original opinion text

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

QUESTION PRESENTED

Would it be a violation of Canon 39 to include in a law list the names of six clients and, in addition, to state "List of references on request? "

18 Baylor L. Rev. 230 (1966)

PROFESSIONAL LISTINGS
A professional listing may contain the names of 6 clients and state "list of references on request."

Canon 39.

The committee is of the opinion that the above described listing would not violate Canon 39. (7-3)

Tex. Comm. On Professional Ethics, Op. 83 (1953)

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