Advertising Review Rules, Interpretive Comments, and Opinions
Advertising Review Rules
A before-and-after overview of the new advertising rules:
|Required to say "Not Certified by the Texas Board of Legal Specialization," or "Board Certified, (Field of Law), Texas Board of Legal Specialization," for any field of law mentioned in the advertisement.||NO REQUIREMENT.
The advertising lawyer or law firm must be competent in the advertised field of law and cannot say they are specialized or certified unless they or their entire firm have been certified by the Texas Board of Legal Specialization.
|Insert disclaimer, "Results depend on the facts of each case," to deal with stating results from previous cases.||CANNOT USE DISCLAIMER.
Must provide information dealing with the nature of the case, further details into the type of amounts stated in the ad. A disclaimer does not cure the violation. See Rule 7.02(a)(2), Texas Disciplinary Rules of Professional Conduct (TDRPC).
|Cumulative results amounts can be used in advertisement without any additional information.||Cumulative results amounts CANNOT be presented in ads without each case fulfilling the required items detailed in Rule 7.02(a)(2), TDRPC, on the same page of the advertisement as the stated result (this includes websites). See Interpretive Comment 26.|
|Websites SHOULD be submitted to the Advertising Review Committee for review.||All law firms websites MUST be submitted to the Advertising Review Committee for review.|
|Disclaimers could be very small in relation to the item they are disclaiming.||All disclaimers MUST be presented in the SAME MANNER with EQUAL PROMINENCE to the item being disclaimed.|
Interpretive Comments and Opinions
Interpretive comments and opinions are designed to establish objective means to review advertisements of solicitation communications.
They also help determine whether advertisements and writings comply with Part VII of the Texas Disciplinary Rules of Professional Conduct*.
- Interpretive Comments on Lawyer Advertising [PDF]
- Interpretive Comment 17 on Internet Advertising [PDF]
- Interpretive Comment 26 on Past Successes and Results [PDF]
- Interpretive Comment 28 on Law Firm Names [PDF]
- Criminal Solicitation Letter Opinion [PDF]: An Attorney General opinion which discusses applicability of the barratry statute as it relates to attorneys that send written solicitation to criminal defendants.
- Ethics Opinion Number 529 [PDF]: A Professional Ethics Committee opinion concerning firm names as stated in Rule 7.01 of the Texas Disciplinary Rules of Professional Conduct. The opinion discusses the prohibition of trade names.
Opinion Number 547 [PDF]
A Professional Ethics opinion concerning arrangements between law firms and groups of medical professionals. The opinion discusses whether or not it is permissible under the Texas Disciplinary Rules of Professional Conduct* for medical professionals to fund the law firm's television advertising.
Opinion Number 548 [PDF]
A Professional Ethics opinion discussing whether or not it is permissible under the Texas Disciplinary Rules of Professional Conduct* for a non-profit entity to display the law firm's name as a sponsor of the entity on the entity's Internet website.
Opinion Number 550 [PDF]
A Professional Ethics Committee opinion discussing whether or not it is permissible under the Texas Disciplinary Rules of Professional Conduct to use the titles of "Dr.," "Doctor," or "Doctor of Jurisprudence," or "J.D." in a social and or professional communication.
Do you still have questions after reviewing the information on this page? Please contact us.
Footnotes:* Texas Disciplinary Rules of Professional Conduct (Effective 6/1/05) [PDF]: All licensed Texas attorneys must follow these rules.
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