Attorney Advertising in Texas: Regulations Mean Serious Business

The purpose of this article is to provide attorneys with additional notice and explanation of the history, constitutional basis, and interpretation of Texas' attorney advertising and solicitation rules. If an ounce of prevention is worth a pound of cure, the objective of this article is to help prevent unnecessary grievances and sanctions caused by a lack of knowledge about the Texas attorney advertising and solicitation rules. Part I of this article reviews the creation of the Texas rules and the Advertising Review Committee. Part II provides a summary of the new Texas rules, including a discussion of the most common violations. Part III provides a history of the constitutional issues related to the First Amendment and commercial speech. In conclusion, Texas attorneys should note that compliance with the advertising and solicitation rules is required to avoid potentially serious sanctions.