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TX 1953

Can a lawyer who works as an insurance claims representative put that title and the insurer's name on his professional card?

Short answer: No. The Committee concluded (8-2) that a lawyer may not include on his professional card that he is a claim representative for a named insurance company; Canon 39 limits the card to the lawyer's name, profession, address, telephone number, and special branches practiced.

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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 a lawyer working as a claims representative for an insurance company could use a professional card reading "Joe J. Dokes, Attorney at Law, Claim Representative, 'X' Insurance Company," with the company's address and a phone number.

The Committee concluded that the card would violate Canon 39, which provides that the professional card may contain only a statement of the lawyer's name, profession, address, telephone number, and special branches of the profession practiced (8-2).

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 Treat this page as historical context, not current guidance.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 lawyer-claims-representative list that role and the insurer on his card?

A: No. The Committee held the card would violate Canon 39 (8-2).

Q: What did Canon 39 allow a professional card to show?

A: The opinion describes Canon 39 as permitting only the lawyer's name, profession, address, telephone number, and special branches of the profession practiced.

Background and rules framework

The opinion interprets former Texas Canon 39, which limited the content of a lawyer's professional card. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.5 (firm names and letterhead).

Citations and references

Rules of Professional Conduct:

  • MR 7.1 (communications concerning a lawyer's services), as the modern analog
  • MR 7.5 (firm names and letterhead)
  • 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 the Canons of Ethics for a lawyer working as a claims representative for an insurance company to use the following card?

Joe J. Dokes
Attorney at Law
Claim Representative
"X" Insurance Company
1234 Jackson Tower
San Antonio Texas
Phone Belmont 1234

18 Baylor L. Rev. 231 (1966)

PROFESSIONAL CARDS
An attorney may not include on his professional card that he is a claim representative, stating the name of the insurance company that employs him and its address.

Canon 39.

The committee is of the opinion that the above card would violate Canon 39, which provides that the professional card may contain only a statement of the attorney's name, profession, address, telephone number, and special branches of the profession practiced. (8-2)

Tex. Comm. On Professional Ethics, Op. 85 (1953)

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