1-1 By: Henderson S.B. No. 1228
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1228 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to certain solicitations and information concerning lawyer
1-20 services.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 81, Government Code, is amended by adding
1-23 Subchapter I to read as follows:
1-24 SUBCHAPTER I. INFORMATION CONCERNING LAWYER SERVICES
1-25 Sec. 81.201. DEFINITIONS. In this subchapter:
1-26 (1) "Committee" means the standing committee on
1-27 advertising of the state bar created under Section 81.205.
1-28 (2) "Dramatization" means to portray, re-create
1-29 through characterization with dialogue, or depict or attempt to
1-30 depict a vehicular collision, an accident, a victim's injury, or a
1-31 lawyer's legal success.
1-32 (3) "Lawyer referral service" means an individual, a
1-33 firm, a corporation, or other entity that meets the requirements of
1-34 Article 320d, Revised Statutes.
1-35 (4) "Public media" means a telephone directory or
1-36 legal directory, newspaper or other periodical, billboard or other
1-37 sign, radio or television broadcast, recorded message the public
1-38 may access by dialing a telephone number, or a written
1-39 communication not prohibited by Section 38.12(d), Penal Code.
1-40 (5) "Qualified nonprofit organization" means a
1-41 nonprofit organization that meets the following conditions:
1-42 (A) the primary purposes of the organization do
1-43 not include the rendition of legal services or education regarding
1-44 legal services;
1-45 (B) the recommending, furnishing, paying for, or
1-46 educating persons regarding legal services is incidental and
1-47 reasonably related to the primary purposes of the organization;
1-48 (C) the organization does not derive a financial
1-49 benefit from the rendition of legal services by a lawyer; and
1-50 (D) the person for whom the legal services are
1-51 rendered, and not the organization, is recognized as the client of
1-52 a lawyer.
1-53 (6) "Solicit employment" means to communicate in
1-54 person or by telephone or written communication with a prospective
1-55 client or a member of the prospective client's family concerning a
1-56 matter arising out of a particular occurrence or event, or series
1-57 of occurrences or events, or concerning an existing legal problem
1-58 of the prospective client, for the purpose of obtaining employment
1-59 from or providing legal representation to the prospective client or
1-60 the purpose of providing advice or care to the prospective client,
1-61 when neither the person receiving the communication nor anyone
1-62 acting on that person's behalf has requested the communication.
1-63 The term does not include a communication initiated by a family
1-64 member of the person receiving a communication, a communication by
1-65 an attorney who has a prior or existing attorney-client
1-66 relationship with the person receiving the communication, or
1-67 communication by an attorney for a qualified nonprofit organization
1-68 with the organization's members for the purpose of educating the
2-1 organization's members to understand the law, to recognize legal
2-2 problems, to make intelligent selection of legal counsel, or to use
2-3 available legal services. The term does not include an
2-4 advertisement by an attorney through public media.
2-5 Sec. 81.202. COMMUNICATIONS CONCERNING LAWYER SERVICES.
2-6 (a) A lawyer may not make or permit to be made a false,
2-7 misleading, deceptive, or unfair communication about the lawyer or
2-8 the lawyer's services. A communication violates this section if
2-9 it:
2-10 (1) contains a material misrepresentation of fact or
2-11 law or omits a fact necessary to make the statement considered as a
2-12 whole not materially misleading;
2-13 (2) is likely to create an unjustified expectation
2-14 about results the lawyer can achieve or states or implies that the
2-15 lawyer can achieve results by means that violate this subchapter,
2-16 the Texas Disciplinary Rules of Professional Conduct, or other law;
2-17 (3) compares the lawyer's services with other lawyers'
2-18 services, unless the comparison can be factually substantiated; or
2-19 (4) states or implies that the lawyer is able to
2-20 influence improperly or upon irrelevant grounds any tribunal,
2-21 legislative body, or public official.
2-22 (b) Any statement about fees must include the amount of the
2-23 fee, whether contingent or otherwise, and must state whether the
2-24 client may be obligated for all or some portion of the cost
2-25 involved.
2-26 Sec. 81.203. ADVERTISING. (a) A lawyer may, not
2-27 inconsistent with this subchapter, advertise legal services through
2-28 public media or through written communication not involving
2-29 solicitation prohibited by Section 81.204.
2-30 (b) This subchapter does not apply to any advertisement
2-31 broadcast or disseminated in another jurisdiction in which the
2-32 advertising lawyer is admitted if the advertisement complies with
2-33 the rules governing lawyer advertising in that jurisdiction and is
2-34 not intended for broadcast or dissemination in this state.
2-35 (c) Advertisements broadcast on electronic media such as
2-36 television and radio may contain the same factual information and
2-37 illustrations as permitted in advertisements in print media. The
2-38 information must be articulated by spoken voices, with no sounds
2-39 of sirens, crashing vehicles, accidents, glass breaking, screeching
2-40 tires, horns honking, persons screaming or crying, or explosions.
2-41 If music is used as background for an advertisement, it must be
2-42 instrumental music. The voice may be that of the lawyer or a
2-43 regular employee of the firm whose services are advertised; it may
2-44 not be that of a celebrity whose voice is recognizable to the
2-45 public.
2-46 (d) All advertisements and written communications authorized
2-47 by this subchapter must include the name of at least one lawyer or
2-48 the lawyer referral service responsible for the content of the
2-49 advertisement.
2-50 (e) A dramatization may not be included in any advertisement
2-51 in any media.
2-52 (f) A statement or representation used in advertisements
2-53 must present information that may be factually substantiated and
2-54 may not state, suggest, or imply the professional superiority of a
2-55 lawyer or the performance of professional services by a lawyer in a
2-56 superior manner that is not readily subject to verification.
2-57 (g) An advertisement or written communication that indicates
2-58 one or more areas of law in which the lawyer or law firm practices
2-59 must conform to Section 81.207.
2-60 (h) The fact that a lawyer's services are provided on a
2-61 contingent fee basis may be disclosed if all expenses are also
2-62 contingent on a recovery, but any statement about fees must include
2-63 the amount of the fee, whether contingent or otherwise, and must
2-64 state whether the client may be obligated for all or some portion
2-65 of the costs involved. If the lawyer intends to hold the client
2-66 liable for expenses regardless of outcome, the lawyer must disclose
2-67 that fact. If specific percentages on a contingent fee contract
2-68 are referenced, the lawyer must disclose whether the percentage is
2-69 computed before or after expenses are deducted from the recovery.
2-70 (i) Except as provided by Subsection (j), a lawyer who
3-1 advertises a specific fee or range of fees for a particular service
3-2 shall honor the advertised fee or range of fees for at least 90
3-3 days unless the advertisement specifies a shorter period.
3-4 (j) For advertisements in the yellow pages of telephone
3-5 directories or other media not published more frequently than
3-6 annually, a lawyer shall honor the advertised fee or range of fees
3-7 for at least one year after publication.
3-8 (k) A lawyer may not advertise services under a name that
3-9 violates Section 81.208.
3-10 (l) An advertisement or written communication must disclose
3-11 the geographic location, by city or town, of the office in which
3-12 the lawyer who will actually perform the services advertised
3-13 principally practices law. If the office location is outside a
3-14 city or town, the county in which the office is located must be
3-15 disclosed. If more than one office location is advertised, each of
3-16 the locations must be staffed by a lawyer at least three days a
3-17 week.
3-18 (m) A lawyer may not, directly or indirectly, pay all or a
3-19 part of the cost of an advertisement by a lawyer not in the same
3-20 firm unless the advertisement discloses the name and address of the
3-21 nonadvertising lawyer, the relationship between the advertising
3-22 lawyer and the nonadvertising lawyer, and whether the advertising
3-23 lawyer may refer any case received through the advertisement to the
3-24 nonadvertising lawyer.
3-25 (n) The following information in an advertisement or written
3-26 communication may not be construed as a violation of Section
3-27 81.202:
3-28 (1) subject to this section and Section 81.208, the
3-29 name of the lawyer or law firm, a listing of lawyers associated
3-30 with the firm, office addresses and telephone numbers, office and
3-31 telephone service hours, and a designation such as "attorney" or
3-32 "law firm";
3-33 (2) the date of admission to the state bar and any
3-34 other bars and a listing of federal courts and jurisdictions other
3-35 than Texas in which the lawyer is licensed to practice;
3-36 (3) any technical and professional licenses granted by
3-37 this state or other recognized licensing authorities;
3-38 (4) any foreign language ability;
3-39 (5) the fields of law in which the lawyer is certified
3-40 or designated, subject to the requirements of Section 81.207;
3-41 (6) any prepaid or group legal service plans in which
3-42 the lawyer participates;
3-43 (7) the acceptance of credit cards;
3-44 (8) subject to Subsections (h), (i), and (j), the fee
3-45 for initial consultation and fee schedule; and
3-46 (9) a listing of the name and geographic location of a
3-47 lawyer or law firm as a sponsor of a public service announcement or
3-48 charitable, civic, or community program or event.
3-49 (o) This section does not prohibit a lawyer or law firm from
3-50 permitting the inclusion in law lists and law directories intended
3-51 primarily for the use of the legal profession of information that
3-52 traditionally has been included in these publications.
3-53 (p) All advertisements for a lawyer or law firm and all
3-54 written communications to a prospective client soliciting
3-55 professional employment must be reviewed and approved in writing by
3-56 the lawyer or a lawyer in the law firm.
3-57 (q) A copy or recording of an advertisement or a writing
3-58 soliciting professional employment shall be submitted to the
3-59 committee as provided by Section 81.206, and the lawyer shall
3-60 retain a copy or recording for four years after its last
3-61 dissemination along with a record of when and where it was used.
3-62 (r) A lawyer may not give or promise to give anything of
3-63 value to a prospective client or a layperson to obtain professional
3-64 employment. However, a lawyer may pay reasonable fees for
3-65 advertising and public relation services rendered in accordance
3-66 with this section and may pay usual charges and otherwise cooperate
3-67 with a lawyer referral service. This subsection does not preclude
3-68 a lawyer from negotiating with a prospective client the terms and
3-69 conditions of representation.
3-70 (s) A lawyer may not advertise an association with a lawyer
4-1 referral service or accept referrals from a lawyer referral service
4-2 unless the lawyer referral service meets the requirements of
4-3 Article 320d, Revised Statutes.
4-4 (t) A lawyer may not advertise as part of an advertising
4-5 cooperative or other joint venture comprised of two or more lawyers
4-6 not in the same law firm unless each advertisement:
4-7 (1) clearly states that the advertisement is paid for
4-8 by the cooperative lawyers;
4-9 (2) clearly names each of the cooperative lawyers;
4-10 (3) clearly states their principal office addresses;
4-11 (4) sets forth conspicuously the special competency
4-12 requirements of Section 81.207 for each lawyer with the
4-13 requirements observable by a prospective client for at least four
4-14 seconds per lawyer;
4-15 (5) does not state, suggest, or imply that the lawyers
4-16 participating in the advertising cooperative possess professional
4-17 superiority, are able to perform services in a superior manner, or
4-18 possess special competence in any area advertised unless with
4-19 regard to all areas advertised all lawyers participating have been
4-20 awarded a certificate of special competence by the Texas Board of
4-21 Legal Specialization or have been designated as possessing special
4-22 competence in an area advertised by an organization accredited by
4-23 the American Bar Association Accreditation of Speciality
4-24 Certification Program for Lawyers;
4-25 (6) makes statements in the advertisement that are
4-26 readily subject to verification; and
4-27 (7) does not otherwise violate this subchapter through
4-28 the advertisement.
4-29 (u) Each lawyer who advertises as part of an advertising
4-30 cooperative or other joint venture is individually responsible for
4-31 complying with the filing requirements of Section 81.206 and shall
4-32 ensure that each cooperative advertisement does not violate this
4-33 subchapter.
4-34 Sec. 81.204. DIRECT CONTACT WITH PROSPECTIVE CLIENTS.
4-35 (a) A lawyer may not solicit professional employment in person, by
4-36 telephone, or by written communication in violation of this section
4-37 from a prospective client. A lawyer may not permit another person
4-38 to solicit employment in the lawyer's behalf. A lawyer may not
4-39 enter into an agreement for, charge for, or collect a fee for
4-40 professional employment obtained in violation of this section.
4-41 (b) A lawyer may not solicit professional employment by
4-42 sending or knowingly permitting to be sent on behalf of the lawyer,
4-43 the lawyer's firm, partner, or associate, or any other lawyer
4-44 affiliated with the lawyer or the lawyer's firm, a written
4-45 communication to a prospective client if:
4-46 (1) the communication concerns an action for personal
4-47 injury or wrongful death or otherwise relates to an accident or
4-48 disaster involving the person to whom the communication is
4-49 addressed or a relative of that person, unless the accident or
4-50 disaster occurred more than 31 days before the mailing of the
4-51 communication;
4-52 (2) the communication concerns a specific matter and
4-53 the lawyer knows or reasonably should have known that the person to
4-54 whom the communication is directed is represented by a lawyer in
4-55 the matter;
4-56 (3) the communication concerns an arrest of or
4-57 issuance of a summons to the person to whom the communication is
4-58 addressed or a relative of that person, unless the arrest of or
4-59 issuance of the summons to that person occurred more than 31 days
4-60 before the mailing of the communication;
4-61 (4) the communication concerns a lawsuit of any kind,
4-62 including an action for divorce, in which the person to whom the
4-63 communication is addressed is a defendant or a relative of that
4-64 person, unless the lawsuit in which the person is named as a
4-65 defendant has been on file for more than 31 days before the mailing
4-66 of the communication;
4-67 (5) the lawyer knows or reasonably should have known
4-68 that the injured person or relative of the injured person has
4-69 indicated a desire not to be contacted by or receive communications
4-70 concerning professional employment;
5-1 (6) the communication involves coercion, duress,
5-2 fraud, overreaching, harassment, intimidation, or undue influence;
5-3 (7) the communication contains a false, fraudulent,
5-4 misleading, deceptive, or unfair statement or claim; or
5-5 (8) the lawyer knows or reasonably should have known
5-6 that the physical, emotional, or mental state of the person makes
5-7 it unlikely that the person would exercise reasonable judgment in
5-8 employing a lawyer.
5-9 (c) Written communications to prospective clients for the
5-10 purpose of obtaining professional employment are subject to
5-11 Subsections (d) through (m).
5-12 (d) Each page of a written communication shall be plainly
5-13 marked "ADVERTISEMENT" in red ink, and the lower left corner of the
5-14 face of the envelope containing a written communication must be
5-15 marked with a prominent red advertisement mark. If the written
5-16 communication is in the form of a self-mailing brochure or
5-17 pamphlet, the advertisement mark in red ink must appear on the
5-18 address panel of the brochure or pamphlet.
5-19 (e) A copy of each written communication and a sample of the
5-20 envelopes in which the communications are enclosed shall be filed
5-21 with the committee either before or concurrently with the mailing
5-22 of the communication to a prospective client, as provided by
5-23 Section 81.206. The lawyer shall retain a copy of each written
5-24 communication for four years.
5-25 (f) If written communications identical in content are sent
5-26 to two or more prospective clients, the lawyer may comply with
5-27 Subsection (e) by filing a single copy with a list of the names and
5-28 addresses of persons to whom the written communication was sent,
5-29 and by retaining the information in the manner required by
5-30 Subsection (e). If the lawyer periodically sends the identical
5-31 communication to additional prospective clients, lists of the
5-32 additional names and addresses shall be filed with the committee at
5-33 least monthly.
5-34 (g) A written communication mailed to a prospective client
5-35 shall be sent only by regular United States mail, not by registered
5-36 mail or any other form of restricted delivery.
5-37 (h) A reference may not be made in the communication as to
5-38 the communication having received any kind of approval from the
5-39 state bar.
5-40 (i) The first sentence of any written communication
5-41 concerning a specific matter shall be: "If you have already
5-42 retained a lawyer for this matter, please disregard this letter."
5-43 (j) A written communication shall be on letter-sized paper
5-44 rather than legal-sized paper and may not be made to resemble legal
5-45 pleadings or other legal documents. This subsection does not
5-46 prohibit the mailing of brochures and pamphlets.
5-47 (k) If a lawyer other than the lawyer whose name or
5-48 signature appears on the communication will actually handle the
5-49 case or matter, or if the case or matter will be referred to
5-50 another lawyer or law firm, any written communication concerning a
5-51 specific matter must include a statement advising the prospective
5-52 client of that fact.
5-53 (l) Any written communication prompted by a specific
5-54 occurrence involving or affecting the intended recipient of the
5-55 communication or a family member must disclose how the lawyer
5-56 obtained the information prompting the communication.
5-57 (m) A written communication to a prospective client may not
5-58 reveal on the envelope, or on the outside of a self-mailing
5-59 brochure or pamphlet, the nature of the prospective client's legal
5-60 problem.
5-61 Sec. 81.205. COMMITTEE ON ADVERTISING. (a) The standing
5-62 committee on advertising is created as a permanent committee of the
5-63 state bar. The committee is not subject to dissolution by the
5-64 board of directors under the state bar rules.
5-65 (b) The committee is composed of nine members. Six members
5-66 must be lawyers and at least two of those lawyer members must be
5-67 lawyers who advertise in electronic media. Three members may not
5-68 be lawyers.
5-69 (c) The president of the state bar, subject to the
5-70 concurrence of the board of directors, appoints the committee
6-1 members.
6-2 (d) Members serve staggered three-year terms with one-third
6-3 of the members' terms expiring each year.
6-4 (e) The president of the state bar shall designate a member
6-5 as chairperson of the committee who serves for one year.
6-6 (f) The committee shall:
6-7 (1) administer this subchapter;
6-8 (2) recommend to the executive director the hiring of
6-9 staff and other support personnel to evaluate lawyer advertising in
6-10 accordance with this subchapter;
6-11 (3) recommend to the board of directors the adoption
6-12 of additional rules or regulations concerning lawyer advertising;
6-13 (4) recommend to the board of directors educational
6-14 programs on advertising and legal ethics as the committee considers
6-15 advisable;
6-16 (5) recommend to the board of directors an annual
6-17 budget for the operation of the committee;
6-18 (6) recommend to the board of directors the amount of
6-19 any fees to be charged for filings under this subchapter;
6-20 (7) file inquiries alleging professional misconduct by
6-21 a lawyer or violation of this subchapter with the chief
6-22 disciplinary counsel;
6-23 (8) provide statistics and reports on advertising by
6-24 lawyers on an annual basis to the supreme court, the board of
6-25 directors, the governor, the lieutenant governor, and the speaker
6-26 of the house of representatives; and
6-27 (9) maintain records concerning all filings made under
6-28 this subchapter, the committee's findings, and any recommendations
6-29 made to the chief disciplinary counsel concerning alleged
6-30 professional misconduct or violation of this subchapter.
6-31 Sec. 81.206. EVALUATION OF ADVERTISEMENT. (a) A lawyer may
6-32 obtain an advisory opinion concerning the compliance of a
6-33 contemplated advertisement or written communication with this
6-34 subchapter in advance of disseminating the advertisement or
6-35 communication by submitting the material and the fee required by
6-36 Subsection (e) to the committee not later than the 21st day before
6-37 the date of dissemination. If the committee finds that the
6-38 advertisement complies with this subchapter, the lawyer's voluntary
6-39 submission satisfies the filing requirement in Subsection (b).
6-40 (b) Except as provided by Subsection (c), any lawyer who
6-41 advertises services through any public media or through written
6-42 communication not involving solicitation prohibited by Section
6-43 81.204 shall file a copy of each advertisement with the committee
6-44 for evaluation of compliance with this subchapter. The copy shall
6-45 be filed either before or concurrently with the lawyer's first
6-46 dissemination of the advertisement or written communication and
6-47 shall be accompanied by the information and fee required by
6-48 Subsection (e).
6-49 (c) The following are exempt from the filing requirements of
6-50 Subsection (b):
6-51 (1) any advertisement in any public media, that does
6-52 not contain illustrations or information other than that authorized
6-53 by Sections 81.203(n)(1) through (9);
6-54 (2) a brief announcement in any public media that
6-55 identifies a lawyer or law firm as a contributor to a specified
6-56 charity or as a sponsor of a specified charitable, community, or
6-57 public interest program, activity, or event if the announcement
6-58 does not contain information about the lawyer or law firm other
6-59 than name, the city where the law offices are located, and the fact
6-60 of the sponsorship or contribution;
6-61 (3) a listing or entry in a law list;
6-62 (4) a newsletter mailed only to:
6-63 (A) existing or former clients;
6-64 (B) other lawyers or professionals;
6-65 (C) members of a qualified nonprofit
6-66 organization by an attorney for the organization; or
6-67 (D) persons who have previously sought the
6-68 lawyer's advice; and
6-69 (5) professional announcement cards stating new or
6-70 changed associations, new offices, and similar changes relating to
7-1 a lawyer or law firm.
7-2 (d) A filing with the committee as required by Subsection
7-3 (b) or as permitted by Subsection (a) must consist of:
7-4 (1) a copy of the advertisement or communication in
7-5 the form or forms in which it is to be disseminated, for example,
7-6 videotapes, audiotapes, print copy, or photographs of outdoor
7-7 advertising;
7-8 (2) a production script of the advertisement setting
7-9 forth all words stated and printed in the advertisement with a
7-10 detailed description of all scenes, including actor appearances and
7-11 movements, and identifying the background music;
7-12 (3) a statement of when and where the advertisement or
7-13 communication will be used; and
7-14 (4) a check or money order payable to the state bar in
7-15 the amount of the fee set by the board of directors.
7-16 (e) The board of directors shall set a reasonable filing fee
7-17 each year for evaluating advertisements and written communications
7-18 as required by this subchapter. The board of directors shall
7-19 submit the fee to the supreme court for approval with the board's
7-20 proposed budget. The board shall set the fee in the amount
7-21 necessary to cover only:
7-22 (1) costs incurred by the committee and its staff in
7-23 evaluating and reviewing advertisements and written communications;
7-24 and
7-25 (2) costs for related purposes of enforcing this
7-26 subchapter.
7-27 (f) The committee shall evaluate all advertisements and
7-28 written communications filed with it under this subchapter for
7-29 compliance with this subchapter. Except as otherwise provided by
7-30 this subsection, the committee shall complete its evaluation not
7-31 later than the 21st day after the date of receipt of a filing
7-32 unless the committee determines that there is reasonable doubt that
7-33 the advertisement or written communication complies with this
7-34 subchapter and that further examination is warranted and cannot be
7-35 completed within the 21-day period, and advises the lawyer within
7-36 the 21-day period. If the committee requires the further
7-37 examination, the committee shall complete its review as promptly as
7-38 the circumstances reasonably allow. If the committee does not send
7-39 any communication to the lawyer within the 21-day period, the
7-40 advertisement is considered approved.
7-41 (g) If requested by the committee, the filing lawyer shall
7-42 submit information to substantiate statements or representations
7-43 made or implied in the lawyer's advertisement or written
7-44 communication.
7-45 (h) If the committee determines that an advertisement or
7-46 written communication does not comply with this subchapter, the
7-47 committee shall identify the manner in which the advertisement or
7-48 written communication does not comply with this subchapter and
7-49 shall advise the lawyer that dissemination or continued
7-50 dissemination of the advertisement or written communication may
7-51 result in professional discipline.
7-52 (i) A finding by the committee of either compliance or
7-53 noncompliance is not binding in a grievance proceeding, but may be
7-54 offered as evidence.
7-55 (j) If a change of circumstances occurring subsequent to the
7-56 committee's evaluation of an advertisement or written communication
7-57 raises a substantial possibility that the advertisement or written
7-58 communication has become false or misleading as a result of the
7-59 change in circumstances, the lawyer shall promptly refile the
7-60 advertisement or a modified advertisement or written communication
7-61 with the committee with an explanation of the change in
7-62 circumstances and a reasonable fee set by the board of directors.
7-63 Sec. 81.207. COMMUNICATION OF FIELD OF PRACTICE.
7-64 (a) Except as provided by this section, a lawyer may not
7-65 communicate the fact that the lawyer is a specialist.
7-66 (b) A lawyer admitted to engage in patent practice before
7-67 the United States patent and trademark office may use the
7-68 designation "patents," "patent attorney," "patent lawyer," or any
7-69 combination of those terms. A lawyer engaged in trademark practice
7-70 may use the designation "trademark," "trademark attorney,"
8-1 "trademark lawyer," or any combination of those terms. A lawyer
8-2 engaged in patent and trademark practice may hold himself out as
8-3 specializing in "intellectual property law," "patents, trademarks,
8-4 and related matters," or "patent, trademark, copyright law, and
8-5 unfair competition," or a combination of those terms.
8-6 (c) A lawyer who has been awarded a certificate of special
8-7 competence by the Texas Board of Legal Specialization in an area
8-8 advertised shall state with respect to each area, "board-certified
8-9 (area of specialization)--Texas Board of Legal Specialization."
8-10 (d) A lawyer who has been designated as possessing special
8-11 competence in an area advertised by an organization accredited by
8-12 the American Bar Association Accreditation of Speciality
8-13 Certification Program for Lawyers may state with respect to each
8-14 area, "board-certified (area of specialization)--(name of
8-15 organization)."
8-16 (e) A lawyer who has not been awarded a certificate of
8-17 special competence by the Texas Board of Legal Specialization in an
8-18 area advertised shall state with respect to each area, "not
8-19 certified by the Texas Board of Legal Specialization." If the area
8-20 of law advertised has not been designated as an area in which a
8-21 lawyer may be awarded a certificate of special competency by the
8-22 Texas Board of Legal Specialization, the lawyer may also state with
8-23 regard to that area, "no designation has been made by the Texas
8-24 Board of Legal Specialization for a certificate of special
8-25 competence in this area."
8-26 (f) The statements referred to in Subsections (c), (d), and
8-27 (e) shall be displayed conspicuously with no abbreviations or
8-28 changes in the language set forth in those subsections, and those
8-29 statements must be separate and apart from any other statements so
8-30 as to be easily seen or understood by the ordinary consumer.
8-31 Sec. 81.208. FIRM NAMES AND LETTERHEADS. (a) A lawyer may
8-32 not use a firm name, letterhead, or other professional designation
8-33 that violates Section 81.202.
8-34 (b) A lawyer in private practice may not practice under a
8-35 trade name, a name that is misleading as to the identity of the
8-36 lawyer or lawyers practicing under the name, or a firm name
8-37 containing names other than those of one or more of the lawyers in
8-38 the firm, except that the names of a professional corporation or
8-39 professional association may contain "P.C.," "P.A.," "L.L.P.,"
8-40 "L.L.C.," or similar symbols indicating the nature of the
8-41 organization. If otherwise lawful a firm may use as or continue to
8-42 include in its name the name or names of one or more deceased or
8-43 retired members of the firm or of a predecessor firm in a
8-44 continuing line of succession. This subsection does not prohibit a
8-45 married woman from practicing under her maiden name.
8-46 (c) A lawyer may not advertise under a trade or fictitious
8-47 name, except that a lawyer who actually practices under a trade
8-48 name as authorized by Subsection (b) may use that name in an
8-49 advertisement. A lawyer who advertises under a trade or fictitious
8-50 name violates this subsection unless the same name is the law firm
8-51 name that appears on the lawyer's letterhead, business cards,
8-52 office sign, fee contracts, and with the lawyer's signature on
8-53 pleadings and other legal documents.
8-54 (d) A law firm with offices in more than one jurisdiction
8-55 may use the same name in each jurisdiction, but identification of
8-56 the lawyers in an office of the firm must indicate the
8-57 jurisdictional limitations on those not licensed to practice in the
8-58 jurisdiction in which the office is located.
8-59 (e) The name of a lawyer occupying a judicial, legislative,
8-60 or public executive or administrative position may not be used in
8-61 the name of a law firm, or in communication on its behalf, during
8-62 any substantial period in which the lawyer is not actively and
8-63 regularly practicing with the firm.
8-64 (f) A lawyer may not state or imply that the lawyer
8-65 practices in a partnership or other organization unless the lawyer
8-66 does practice in a partnership or other organization.
8-67 Sec. 81.209. CONTRACTS. A contract of employment entered
8-68 into by a lawyer in violation of this subchapter is void.
8-69 SECTION 2. Subchapter I, Chapter 81, Government Code, as
8-70 added by this Act, applies only to communications made or contracts
9-1 entered into on or after the effective date of this Act.
9-2 SECTION 3. This Act takes effect January 1, 1994.
9-3 SECTION 4. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.
9-8 * * * * *
9-9 Austin,
9-10 Texas
9-11 April 27, 1993
9-12 Hon. Bob Bullock
9-13 President of the Senate
9-14 Sir:
9-15 We, your Committee on Jurisprudence to which was referred S.B. No.
9-16 1228, have had the same under consideration, and I am instructed to
9-17 report it back to the Senate with the recommendation that it do not
9-18 pass, but that the Committee Substitute adopted in lieu thereof do
9-19 pass and be printed.
9-20 Henderson,
9-21 Chairman
9-22 * * * * *
9-23 WITNESSES
9-24 FOR AGAINST ON
9-25 ___________________________________________________________________
9-26 Name: Carroll Cal Darrow x
9-27 Representing: R. W. Lynch Co.
9-28 City: San Ramon, Ca.
9-29 -------------------------------------------------------------------
9-30 Name: Richard Sackett x
9-31 Representing: Sackett Consultants
9-32 City: New Orleans
9-33 -------------------------------------------------------------------
9-34 Name: Jim Alder x
9-35 Representing: Self/Texans against censorship
9-36 City: Houston
9-37 -------------------------------------------------------------------
9-38 Name: Philip Bobbitt x
9-39 Representing: Texans against censorship
9-40 City: Austin
9-41 -------------------------------------------------------------------
9-42 Name: Harriet Miers x
9-43 Representing: State Bar of Texas
9-44 City: Austin
9-45 -------------------------------------------------------------------
9-46 Name: Richard Hile x
9-47 Representing: Texas Trial Lawyers Assoc.
9-48 City: Austin
9-49 -------------------------------------------------------------------
9-50 Name: Brian Loncar x
9-51 Representing: Brian Loncar & Associates
9-52 City: Dallas
9-53 -------------------------------------------------------------------
9-54 Name: Keith M. Fletcher x
9-55 Representing: Texans against censorship
9-56 City: Houston
9-57 -------------------------------------------------------------------
9-58 Name: Robert Schuwerk x
9-59 Representing: Self
9-60 City: Houston
9-61 -------------------------------------------------------------------
9-62 Name: John G. Heather x
9-63 Representing:
9-64 City: Dallas
9-65 -------------------------------------------------------------------
9-66 Name: Carl Belcher x
9-67 Representing:
9-68 City: Houston
9-69 -------------------------------------------------------------------
9-70 Name: Rosalinda Gluzman x
10-1 Representing:
10-2 City: Humble
10-3 -------------------------------------------------------------------
10-4 FOR AGAINST ON
10-5 ___________________________________________________________________
10-6 Name: James V. Pianelli x
10-7 Representing: Self, Texans against Censorship
10-8 City: Houston
10-9 -------------------------------------------------------------------
10-10 Name: Stuart Miller x
10-11 Representing: Texas Fathers for equal right
10-12 City: Austin
10-13 -------------------------------------------------------------------
10-14 Name: James M. McCormack x
10-15 Representing: State Bar of Texas
10-16 City: Austin
10-17 -------------------------------------------------------------------
10-18 Name: Karen R. Johnson x
10-19 Representing: State Bar of Texas
10-20 City: Austin
10-21 -------------------------------------------------------------------
10-22 Name: Lonny D. Morrison x
10-23 Representing: State Bar of Texas
10-24 City: Wichita Falls
10-25 -------------------------------------------------------------------
10-26 Name: Farrell Bolz x
10-27 Representing: Self
10-28 City: Houston
10-29 -------------------------------------------------------------------
10-30 Name: John M. Richards x
10-31 Representing: State Bar of Texas
10-32 City: Houston
10-33 -------------------------------------------------------------------