Can a county bar association run a newspaper 'Call Your Lawyer' advertisement urging accident victims to hire a lawyer?

Plain-English summary

The inquiry asked whether a county bar association could publish a newspaper advertisement headed "Call Your Lawyer," telling readers injured at work or in accidents to contact a doctor and then a lawyer, to sign no statement until their attorney examined it, and stating that any lawyer would advise on accident claims without charge.

The Committee concluded that the advertisement would violate Canon 24, which prohibits solicitation of professional employment, and Canon 25, which prohibits stirring up litigation. One member, while disapproving of the bar association's action, took the view that the advertisement would violate Canons 24 and 25 if inserted by a member of the Bar but, on a strict construction of the Canons, would not violate them if inserted by a bar association (9-1). The opinion carries a note that the Committee no longer issues opinions on the activities of bar associations and limits its decisions to the acts of individual lawyers.

Currency note

This opinion was issued in 1954, 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 25 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 Treat this page as historical context, not current guidance.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 county bar association run a "Call Your Lawyer" accident advertisement?

A: No. The Committee held that the advertisement would violate Canon 24 (solicitation) and Canon 25 (stirring up litigation) (9-1).

Q: Did any member disagree?

A: One member, though disapproving of the action, thought that on a strict reading the Canons would be violated only if a member of the Bar, rather than a bar association, placed the ad.

Q: Does the Committee still opine on bar association activities?

A: No. The opinion notes that the Committee no longer issues opinions on bar association activities and limits its decisions to the acts of individual lawyers.

Background and rules framework

The opinion interprets former Texas Canon 24 (solicitation of professional employment) and Canon 25 (stirring up litigation), applied to an accident-claims advertisement. The modern analogs are ABA Model Rule 7.1 (communications concerning a lawyer's services) and Model Rule 7.3 (solicitation of clients).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• MR 7.3 (solicitation of clients)
• Texas Canon 24 (advertising and solicitation)
• Texas Canon 25 (stirring up litigation)

See also

• TX Ethics Op. 120: "Is It Wise to Settle?" Newspaper Ad
• TX Ethics Op. 102: Advertising a New-Office Open House
• TX Ethics Op. 133: Office-Location Sign and Window Lettering

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-95/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_95.pdf

Original opinion text

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

QUESTION PRESENTED

Would it violate the Canons of Ethics for a County Bar Association to publish in a newspaper the following advertisement:

ΑCALL YOUR LAWYER. When you have been injured while at work or have had an accident causing personal injuries, the first person to contact is your doctor. The next person you need to call is your LAWYER. Sign no statement until your attorney examines it. Hundreds of thousands of dollars are lost each year because people representing the other side of a lawsuit get to them first. Let your attorney approve your settlement. Any lawyer will advise you concerning your claim arising out of your accident without charge?

County Bar Association.≅?

18 Baylor L. Rev. 234 (1966)

SOLICITATION - ADVERTISEMENT - NEWSPAPERS
A county bar association should not volunteer legal information in paid advertisements which may be construed as a bid for professional employment.

STIRRING UP LITIGATION
Advertisements which may seemingly have as their purpose the encouraging of litigation should not be sponsored by a bar association.

Canons 24, 25.

NOTE: The Committee no longer issues opinions concerning the activities of Bar Associations, but limits its decisions to the acts of individual lawyers. Inquiries about the propriety of particular association activities should be addressed to the State Bar Board of Directors.

The committee is of the opinion that the advertisement in question would violate Canon 24, which prohibits solicitation of professional employment, and also would violate Canon 25, which prohibits stirring up litigation. One member, though disapproving the action of the Bar Association, expressed the view that the advertisement would violate Canons 24 and 25, if inserted by a member of the Bar, but would not constitute a violation of these Canons if inserted by a Bar Association, if the Canons are strictly construed. (9-1)

Tex. Comm. On Professional Ethics, Op. 95 (1954)