Opinion 372
Question Presented
SOLICITATION - ADVERTISING - CHRISTMAS CARD
It is improper for an attorney to send Christmas cards which state that he is a practicing attorney either on the card or on the envelope to clients or the general public, though such a card may be sent to another attorney.
DR 2-101
QUESTION 1
Is it permissible for a lawyer to send Christmas cards imprinted with the signature "Law Offices of John Doe" or "John Doe, Attorney at Law" to his clients or the general public?
QUESTION 2
Is it permissible for a lawyer to send Christmas cards imprinted with the signature "Law Offices of John Doe" or "John Doe, Attorney at Law" to other attorneys?
QUESTION 1
DR 2-101 (A) provides that "A lawyer shall not . . . participate in the use of any form of public communication . . . calculated to attract lay clients . . ." The term "public communication" would include Christmas cards. Business firms that send out Christmas cards do so with the intention of building customer good will and sales. This attitude is prohibited by DR 2-101, since the cards would be sent "to attract lay clients." (Opinion 168). A general mailing to social acquaintances and other members of the general public could violate DR 2-101 (B) which states, "A lawyer shall not publicize himself . . . as a lawyer through . . . commercial publicity . . ." (Opinion 322, ABA Opinion 107).
QUESTION 2
There is no prohibition on such communication.
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 372 (1974)