Can a lawyer write legal articles for a trade publication, and can the articles answer readers' individual legal questions?
Apply this to your situation
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.
Plain-English summary
The inquiry asked whether a lawyer could write articles of a legal nature for a trade publication.
The Committee concluded that writing such articles for a trade publication would not violate the Canons, provided the lawyer does not advise inquirers in respect to their individual rights, conduct that Canon 37 prohibits (9-1).
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 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 Treat this page as historical context, not current guidance.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 write legal articles for a trade publication under this opinion?
A: Yes. The Committee held that doing so would not violate the Canons, subject to one limit (9-1).
Q: What was the limit?
A: The lawyer could not advise inquirers about their individual rights, which the opinion identifies as conduct prohibited by Canon 37.
Background and rules framework
The opinion interprets former Texas Canons 24 (advertising) and 37, drawing a line between general legal writing and individualized advice to inquirers. The modern analog for communications about legal topics 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)
- Texas Canon 37
See also
- TX Ethics Op. 91: Advertising a Lawyer's Non-Legal Business
- TX Ethics Op. 92: Lawyer Organizing a Collection Agency
- TX Ethics Op. 133: Office-Location Sign and Window Lettering
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-90/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_90.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 write articles of a legal nature for a trade publication?
18 Baylor L. Rev. 232 (1966)
TRADE PUBLICATIONS
An attorney may write articles of a legal nature for a trade publication, provided he does not advise inquirers in respect to their individual rights.
Canons 24, 37.
The committee is of the opinion that it would not be a violation of the Canons for an attorney to write such articles for a trade publication, provided he does not advise inquirers in respect to their individual rights, as prohibited by Canon 37. (9-1)
Tex. Comm. On Professional Ethics, Op. 90 (1953)
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