Back to top 1. Public Media Advertisement
(Nov. 1995)
A public media advertisement is an advertisement broadcast or made available
to the general public, such as telephone Yellow Pages, newspapers or other
periodicals, outdoor display, the Internet, radio or television. Publications
or information disseminated primarily to lawyers, such as legal newspapers,
legal directories, firm brochures mailed to other lawyers, and on-line services
provided to lawyers are not considered to be in the public media. Back to top 2. Client Testimonials (Nov.
1995, revised June 2005)
Any person appearing or speaking as though he or she were a client of
the advertising lawyer or firm in a public media advertisement must be an
actual client of the lawyer or law firm whose services are being advertised.A
lawyer or law firm may not avoid complying with Part 7 through the use of
a client spokesperson. Further, a client presenting the facts or circumstances
surrounding a case or matter may only appear as a client of the lawyer or
firm relative to a case or matter in which he or she was a party. The name,
address and telephone number of the client appearing or speaking in a public
media advertisement shall be identified to the committee.Interpretive Comment
Number 25 details the requirements for factual substantiation required when
an advertisement in the public media references results obtained or past
successes. Back to top 3. Unjustified Expectations
(Nov. 1995, revised April 2000. revised March 2004, revised June 2005)
When an unjustified expectation is created through use of a picture
or image of cash, checks or other monetary benefit, the inclusion of a disclaimer
and/or information as described in this comment will not cure the violation
of Rule 7.02. Back to top 4. Client Advances (Nov.
1995)
An advertisement that contains statements or representations that the
lawyer or law firm will loan or advance specific sums of monies to prospective
clients is misleading and creates unjustified expectations in violation
of Rule 7.02(a)(1) and (2). Example: “We will advance or loan up to
$2,000 to clients.” A lawyer may, however, include a statement in
an advertisement or writing that actual litigation expenses, court costs,
and other financial assistance may be advanced to a client. Back to top 5. Lawyer Announcements
or Advertisements in Legal Directories Need not Include 7.04
(a) or (b) Disclaimers or Statements (Nov. 1995)
An announcement stating new or changed associations, offices, or other
matters relating to a lawyer or law firm, or an advertisement by a lawyer
or law firm in a legal directory or legal newspaper containing information
about the name, location, telephone number and general availability of lawyers
to work on particular legal matters or listing various areas of practice,
need not include a disclaimer or statement required by Section 7.04(a) or
(b). See Rule 7.04(a)(3). Back to top 6. Lawyer Responsible
for Content of Advertising (Nov. 1995)
It is presumed that a lawyer or law firm whose name is published in
an advertisement is responsible for the content of the advertisement and
therefore meets the requirements of Section 7.04(b)(1). It is not necessary
that the advertisement include a specific statement or tag line identifying
a particular lawyer as having reviewed the content of the advertisement.
Back to top 7. Organizations Certifying
Lawyers as Possessing Special Competence (Nov. 1995, revised April 2000)
No lawyer shall advertise that he has been certified by an organization
that implies that its members possess special competence, as no organization
has yet applied for and obtained accreditation by the Texas Board of Legal
Specialization as required by Rule 7.04(b)(2)(ii). Back to top 8. Disclaimers and Statements
must be Separate and Apart (Nov. 1995, revised Sept. 1997, withdrawn June
2005) Back to top 9. Portraying a Lawyer
in an Advertisement (Nov. 1995)
The person who portrays a lawyer whose services or whose firm’s
services are being advertised shall be one or more of the lawyers whose
services are being advertised. The inclusion of a disclaimer stating that
the person is an actor does not cure the deficiency and still violates Rule
7.04(g). In determining whether a person is portraying a lawyer whose services
or whose firm’s services are being advertised, the advertisement as
a whole, including the surrounding setting of the video; i.e., if the setting
is in a law library, courtroom, or office, as well as the statements, and
whether they are in the third person versus first person, and any other
matters which may imply to the consumer that the person in an advertisement
is a lawyer whose services are being advertised will be considered.
Back to top 10. Contingent Fees (Nov.
1995)
An advertisement that discloses the willingness or potential willingness
of a lawyer to render services on a contingent fee basis must comply with
Rule 7.04(h). The advertisement must disclose whether the client will be
obligated to pay all or a portion of court costs and whether a client may
be liable for other expenses. EXAMPLES: A. “No fee if no recovery. Client is obligated for payment
of court costs and expenses, regardless of recovery. B. “No attorney’s fees unless you recover. Court
costs, litigation expenses, and medical bills are paid from your share of
the recovery. If there is no recovery, you will not be responsible for any
court costs or litigation expenses, except for unpaid medical bills.”
C. “No attorney’s fees, court costs, or expenses
unless you recover.” * *If this last statement is used, a lawyer may be obligated
to pay court costs, litigation expenses and any medical expenses that might
be incurred by the plaintiff. Back to top 11. Referral of Cases (Nov.
1995, revised June 2005)
If by past experience or practice the lawyer who is advertising or disseminating
a solicitation communication, routinely or frequently refers to other lawyers
certain types of cases advertised for, then the advertising/soliciting lawyer
is required to disclose such fact in accordance with 7.04(l). If an advertising
or soliciting lawyer who by past experience or practice knows or should
know that the case is likely to be referred to another lawyer, then the
advertising/soliciting lawyer should disclose the fact of the anticipated
referral pursuant to 7.04(l). Back to top 12. Solicitation Communications
and Self-Mailing Pamphlets or Brochures (Nov. 1995, revised June 2005)
For a written communication solicitation letter, the requirements of
Rule 7.05(b) are met if the word ‘ADVERTISEMENT’ is printed
at least 1/4th of an inch in height vertically on the envelope and first
page of the written communication solicitation letter, provided the word
is separate and apart from other text. If a self-mailing pamphlet or brochure is mailed, the word ‘ADVERTISEMENT’
must be printed at least 3/8ths of an inch vertically or three (3) times
the vertical height of text font in the body of the communication and in
a color that is in sharp contrast to background color. See Rule
7.05(b)(2 1). If the solicitation is an electronic mail message, the word ‘ADVERTISEMENT’
must plainly visible, be in all caps, in the subject line of the electronic
mail message and at the beginning of the message’s text. The following elements are not required in a letter or brochure,
or an audio, audio-visual, digital media, recorded telephone message, or
other form of electronic solicitation communication, that is disseminated
only to persons or entities identified in Rule 7.05(f)(1)-(4): A. disclaimers or statements required by Rule
7.04(a)-(c); B. marking the communication ‘ADVERTISEMENT’;
and C. disclosure of how the lawyer obtained the information
concerning the recipient’s
name. Back to top 13. Brochures and Pamphlets
(Nov. 1995, revised June 2005)
A brochure or pamphlet which is enclosed with a written solicitation
letter is not required to be marked ‘ADVERTISEMENT’ provided
the first page of the letter and the face of the envelope are marked ‘ADVERTISEMENT’
in compliance with the above-referenced Rule 7.05. An attachment included
in an electronic mail communication is not required to be marked ‘ADVERTISEMENT’,
provided the subject line of the electronic mail message and the beginning
of the message’s text, are plainly marked ‘ADVERTISEMENT’
in compliance with Rule 7.05. If a brochure or pamphlet is the only item included in an envelope or
electronic communication mailed to a prospective client, the brochure, pamphlet
and the envelope or electronic communication must be plainly marked ‘ADVERTISEMENT.’
Back to top 14. Filing Requirements
(Nov. 1995, withdrawn June 2005) 15. Advertisements Referring
to Other Information or Recordings (Nov. 1995, revised Mar. 1996, revised
June 2005)
If a public media advertisement or solicitation communication refers
to additional information which may be available to prospective clients,
such as a taped message, or an electronic, digital or printed pamphlet that
provides information concerning a person’s or entity’s legal
rights, the additional information need not be submitted for pre-approval
or filed with the Advertising Review Committee. However, if the information
contains matters designed primarily to solicit prospective clients by the
lawyer or firm, then this information must be filed in accordance with Rule
7.07. A lawyer who responds to a request for information by a prospective
client with an individualized letter is not subject to the Rule 7.05 governing
written, electronic or digital solicitation communications and is not required
to file such letter. See also Rule 7.03 regarding regulated telephone or
other electronic contact. Back to top 16. Spanish Translation of Disclaimer
(Nov. 1995, withdrawn June 2005) Back to top 17. The Internet and Similar Services
Including Home Pages. (March 1996, revised May 2003)
Part VII of the Texas Disciplinary Rules of Professional Conduct applies
to information disseminated digitally via the Internet. A digitally transmitted
message that addresses the availability of a Texas< lawyer’s services
is a communication subject to Rule 7.02, and when published to the Internet,
constitutes an advertisement in the public media. Back to top A. Websites
A website on the Internet that describes a lawyer, law firm or legal services
rendered by them is an advertisement in the public media. For the purposes
of Part VII of the TDRPC, “website” means a single or multiple
page file, posted on a computer server, which describes a lawyer or law
firm’s practice or qualifications, to which public access is provided
through publication of a uniform resource locator (URL).
Of the pages of a website subject to these rules, many may be accessible
without use of the site’s own navigational tools. Of those pages,
for the purpose of this Interpretative Comment, the “intended initial
access page” is the page of the file on which navigational tools are
displayed or, in the case that navigational tools are displayed on several
pages, the page which provides the most comprehensive index capability on
the site. The intended initial access page of a lawyer or law firm’s
website shall include:
1) the name of the lawyer or law firm responsible
for the content of the site
2) if areas of law are advertised or claims of
special competence are made on the
intended initial access
page or elsewhere on the site, a conspicuously displayed
disclaimer regarding such
claims in the language prescribed at Rule 7.04(b); and
3) the geographic location (city or town) in which
the lawyer or law firm’s principal office is
located. Publication of
a link to a separate page bearing the required disclaimer or
information required by
Rule 7.04(b) does not satisfy this requirement. B. Compliance
Whether displayed on the intended initial access page or elsewhere on the
site, the content of the site, including words, sound and images, shall
conform to the requirements of Part VII of the TDRPC. C. Records Retention
A copy of the intended initial access page, web based display or
banner ads and target page are subject to the retention requirements of
Rule 7.04(f). D. Web-Based Display or Banner Ads
An image or images displayed through the vehicle of another’s website
is an advertisement in the public media if the ad describes a lawyer or
law firm’s practice or qualifications, whether viewed independently
or in conjunction with the page or pages reached by a viewer through links
offered by the ad (“target page’). The content of a web-based
display or banner ad will be viewed in conjunction with the target page.
E. Filing Requirements
The filing requirements of Rule 7.07 apply to the intended initial access
page of a website as well as to web-based display or banner ads and their
associated target page(s) and substantive revisions thereto. A web-based
display or banner ad and the target page for the web-based display or banner
ad will be considered a single communication for the purposes of Rule 7.07.
Unless exempt from filing under Rule 7.07, web-based display or banner ads
together with their associated target pages and the intended initial access
page of a website must be filed. F. Web-Based Directories
A lawyer or law firm’s listing on a web-based directory that
is accessible by the public shall be exempt from the filing requirements
of Rule 7.07 if it meets the requirements of 7.07(e)(1). G. Internet Domain
Names Rule 7.01 prohibits lawyers and law firms from advertising or practicing
under trade names. Therefore, an Internet domain name or URL may not be
used as the name under which a lawyer or firm does business. A domain name
that is a reasonable variation of the law firm name as permitted under Rule
7.01 or that is a description of the lawyer or law firm may be used as a
locator or electronic address only if such use does not violate provisions
of Rule 7.02. Back to top 18. Principal Office Disclosure
(July 1996, revised Sept. 1997)
A lawyer or firm with only one office will satisfy the requirement for
disclosure of a principal office by including in all advertising and written
solicitations the name of the city or town in which the office is located.
A lawyer or firm with more than one office, regardless of the staffing of
the other office(s), must include in all advertising the city or town that
is the location of its principal office, but there is no requirement to
designate such city or town as the principal office. Back to top 19. Disclosure of Information Prompting
a Written Solicitation Communication (July 1996)
When making a disclosure required pursuant to Rule 7.05(b)(5), the lawyer
must disclose the specific information source on which the solicitation
is based. For example: A. If the lawyer obtained the prospective client’s name
from police accident reports, the solicitation should state that the name
was obtained from police accident reports rather than simply stating
that it was obtained from “public records”. B. If the prospective client’s name is obtained from
a jail inmates list or booking log, that too should be specifically disclosed.
C. When the name of a prospective client is obtained from a
foreclosure list in the Daily Commercial Recorder, foreclosure lists
obtained from the Daily Commercial Recorder would be appropriate language
to satisfy 7.05(b)(5). Back to top 20. Distinctions Between "Pre-approval"
and "Filing"(July 1996, revised June 2005)
A request for “PRE-APPROVAL” means the submission
of a public media advertisement or written, recorded, electronic or other
digital solicitation to the Advertising Review Committee pursuant to Rule
7.07(d) at least thirty (30) days prior to the date the lawyer or law firm
plans to disseminate the advertisement or solicitation to the public. Pre-approval
is an option for the advertising lawyer, but it is not required. The purpose
of a request for pre-approval is to discover any violations of the advertising
rules so that they may be corrected prior to dissemination. In the case
of advertisements in telephone and similar directories, the pre-approval
request should be submitted at least thirty (30) days prior to the last
date on which a change could be made to the advertisement before printing.
Advertisements and solicitations submitted for pre-approval will be reviewed
and returned to the advertising lawyer within twenty-five (25) days of the
date of receipt with either an approval or a request for corrections and/or
additional information. A pre-approval of an advertisement or written, recorded,
electronic or other digital solicitation, under this process is an “advisory
opinion” of compliance under rule 7.07(d). “FILING,” means the submission of any public media
advertisement or written, recorded, electronic or other digital solicitation
to the Advertising Review Committee for review pursuant to Rule 7.07(b).
Rule 7.07(e) exempts certain advertisements and solicitations from the filing
requirements; however, the filing of an advertisement or solicitation which
is not exempt under Rule 7.07(e) is mandatory. If a filed
advertisement or written, recorded, electronic or other digital solicitation
contains no violations, the advertiser will be sent an approval, normally
within forty-five (45) days of the date of receipt. Back to top 21. Advertisements in Telephone
Directories or Similar Publications that are Initially Disseminated August
1, 1997 or thereafter (Feb. 1997)
EXAMPLE ONE: An attorney files a non-exempt advertisement from a telephone
directory or similar publication with the Advertising Review Committee as
required by 7.07(b), and such advertisement is determined to contain a technical
violation of the Lawyer Advertising Rules. (Violations that do not pose
a potential risk of harm to the public are considered technical in nature,
such as violations of rules 7.04(c) and 7.04(j).) The attorney cannot correct
the advertisement, nor can he or she permanently end dissemination due to
the nature of the directory or publication. RESULT ONE: If the attorney has not received a disapproval from the committee
on any previous advertising, the advertisement in question will not be referred
to the State Bar disciplinary system based on the following conditions:
The attorney certifies in writing to the Advertising Review Committee that
he or she will correct the violations in any future publications of that
ad, will file corrected advertising with the committee, and does so. NOTE:
If an attorney has received a previous disapproval from the committee on
any material for any reason, then the attorney will not have the opportunity
to receive another disapproval but will be referred directly to the State
Bar disciplinary system.
EXAMPLE TWO: An attorney files a non-exempt advertisement from a telephone
directory or similar publication with the Advertising Review Committee as
required by 7.07(b), and such advertisement is determined to contain a non-technical
violation of the Lawyer Advertising Rules. The attorney cannot correct the
advertisement, nor can he or she permanently end dissemination due to the
nature of the directory or publication.
RESULT TWO: Regardless of the disposition of the attorney’s previously
filed ads, if any, the attorney in question will be referred to the State
Bar disciplinary system. Back to top 22. Advertisement of Living Trusts
(Jan. 1998, revised June 2005)
Without objective substantiation, a lawyer may not advertise or utilize
in a written, recorded, electronic or other digital solicitation that a
particular approach to a legal problem utilized by that lawyer is superior
in comparison to other accepted and appropriate approaches to the same problem.
Such advertisements, or written, recorded, electronic or other digital solicitations
are potentially misleading and may create unjustified expectations in violation
of Rules 7.02(a)(1) and (3). Comparisons in advertisements, or written,
recorded, electronic or other digital solicitations by lawyers for estate
planning services frequently emphasize the exclusive use of revocable living
trusts to transfer assets at death. In this context, a lawyer may not explicitly
or implicitly advertise, for example, that: A. Living trusts will always save the client money. B. The use of a living trust in and of itself will reduce or
eliminate estate taxes otherwise payable as result of the client’s
death. C. Estate tax savings can be achieved only by use of a living
trust. D. The use of a living trust will achieve estate tax savings
that cannot be achieved using a will. E. The probate process is always lengthy and complicated.
F. The probate process should always be avoided. G. The use of a living trust will reduce the total expenses
incurred compared to expenses incurred using other estate planning devices
intended to address the same basic function. H. The use of a living trust avoids lengthy delays experienced
in the use of other estate planning devices intended to address the same
basic function. I. Lawyers use will writing as a loss leader. These and other similar statements are potentially misleading and may
create unjustified expectations in violation of Rules 7.02(a)(1) and (3).
Additionally, in such advertisements, or written, recorded, electronic or
other digital solicitations references to the American probate system at
large should be avoided because the Texas probate system is much different
and typically much simpler. A lawyer is not prohibited from conducting seminars
on estate planning in general and advertising or utilizing in a written,
recorded, electronic or other digital solicitation that at such seminars
the advantages of revocable trusts will be discussed. Back to top 23. Notification of Death of
Solo Practitioner to Practitioner’s Clients (February 2004)
A written communication notifying the clients of a solo practitioner of
the practitioner’s death may be exempt from the provisions of Rules
7.05 and 7.07 if the communication provides nothing more than notification
of the death, the relationship between the author of the letter and the
deceased practitioner, and the location and availability of the deceased
practitioner’s files. If a written communication notifying the clients of the death of a solo
practitioner also contains content designed to communicate the qualifications
or the availability of legal services of any lawyer or law firm, then Part
VII, Texas Disciplinary Rules of Professional Conduct apply. Back to top 24. Overall Context (March
2004)
When determining whether a communication concerning a lawyer’s
services is false or misleading or creates an unjustified expectation as
prohibited by Rule 7.02(a), the communication will be viewed in its entirety.
Back to top 25. Substantiation (June 2005)
Rule 7.02 establishes that the advertising attorney bears the burden
of demonstrating that the information contained in the advertisement is
substantiated by fact. The filing of a communication containing a reference
to past successes or results must be accompanied by a written statement
by the lawyer or an authorized representative of the law firm claiming credit
for such success or result. The written statement shall include: A. The name of the lead counsel in the matter giving rise to
the recovery or an explanation of the relationship between the lawyer claiming
credit for the result and the client upon whose behalf the recovery made;
B. The amount, in dollars, actually received by the client,
whether or not the reference to the gross amount or results includes a reference
to a dollar amount; C. The name, address and phone number of the client; and
D. The nature of the suit or claim and damages or injuries.
Back to top 26. Reference to Past Successes or Results
Obtained in an Advertisement in the Public Media (December 2005)
When making any reference to past successes or results obtained
in advertisements in the public media, an attorney or law firm must comply
with the general rule contained in Rule 7.02(a)(1), which prohibits communications
that: (i) contain a material misrepresentation of fact or law, or (ii) omit
a fact necessary to make a statement not materially misleading. In addition, Rule 7.02(a)(2)
imposes an affirmative requirement that advertising lawyers and law firms
include specific information when referring to past successes or results
obtained. 1.
A lawyer or lawyer firm publishing a claim of past successes or results
obtained in
an advertisement in the public
media must include information sufficient to provide
the basis for a reasonable person to understand the nature of the case, matter
or
representation, and the advertising
lawyer or law firm’s role in it.
a. When reference is made to past successes or results obtained
by a lawyer or firm in a matter where any or all of the descriptive elements
of 7.02(a)(2)(i)-(iv) apply, the applicable elements must be incorporated
into that reference.
b. When reference is made to past successes or results obtained
by a lawyer or firm in a matter where one or more of the descriptive
elements of 7.02(a)(2)(i)-(iv) do not apply – either because
of the nature of the matter or representation or for any other reason –
the advertising lawyer or law
firm must not only comply with the applicable elements, but must also
comply with the requirement that sufficient information be included to avoid misleading
a reasonable person. That lawyer bears the burden of providing in the advertisement
the information required by the particular facts and circumstances of that representation
and that communication.
2.
If any reference is made to a sum of money, a particular type of relief,
or some other
amount or value, care must be taken
to make clear the nature of the result, the role of
the advertising lawyer or law firm,
their relationship to that result, relief, or amount,
and the net effect thereof.
3. Claims
referencing cumulative results or successes must be accompanied by
information sufficient to meet the advertising
lawyer or law firm’s burden under 7.02
(a)(2) with regard to each individual
case, matter, or representation.
4.
A disclaimer regarding the uniqueness of client matters will not cure a
failure to
provide adequate information about a
claim of past successes or results obtained.
5.
If a lawyer or law firm describes his or her legal experience with reference
to a
specific matter without claiming responsibility
for success or results obtained, that
communication may not be subject to the requirements
of Rule 7.02(a)(2). In that
instance, however, the general rules regarding
communications about qualifications
and services still apply, and the burden
lies with the advertising lawyer or law firm to
demonstrate that a reasonable person would
not conclude that a claim of
responsibility for a particular result is
being made. Back to top 27. Trade Names (February 2006, withdrawn
December 2009) Back to top 28. Acronyms as Law Firm Names (June
2008) When designating a law firm name, the use of the initial letter of attorneys’
surnames in an acronym is permissible under Rule 7.01 only when: (1) Each letter in the acronym is
derived from a surname: (i)
that is not prohibited by Rule 7.01, and (ii)
is otherwise permissible under the Texas Rules of Disciplinary Conduct,
and (2) the resulting firm name: (i) does not constitute a trade name,
(ii) is not misleading as to the lawyers
practicing under that name, and (iii) is not otherwise prohibited
under Rule 7.01 or the Texas Rules of Disciplinary Conduct.
For example, a firm named “Jones, Smith & Miller, LLP”
would be allowed to adopt the name “JSM, LLP” or “JS Miller,
LLP” only if “Jones,” “Smith” and “Miller”
were permissible names under Rule 7.01. By contrast, a firm named
“Williams, Iverson & Nelson, P.C.” would not be allowed
to adopt the name “WIN, P.C.” because use of such name would
constitute a prohibited trade name under Rule 7.01 and would create unjust
expectations about the results a lawyer can achieve in violation of Rule
7.02(a)(3). Back to top | 
