Ethics Question of the Month January 2026

Getting the Word Out

Do these legal aid organization communications have to be filed with the State Bar Advertising Review Committee?

The Situation

Attorney Bridget works for a legal aid organization with multiple offices in Texas. The nonprofit organization provides free legal services to low-income individuals and employs attorneys that practice in a variety of areas of law.

Bridget recently led a team effort to develop a series of educational brochures that will be made available in literature stands at various locations. The brochures provide information for members of the public about their legal rights and about the free legal services the organization offers.

The organization is also working on a series of public service announcements for television. Like the brochures, the television announcements will inform members of the public about their legal rights and about the free legal services the organization offers.

Bridget knows that certain communications are required to be filed with the Advertising Review Committee of the State Bar of Texas. But she is unsure whether this requirement applies to the organization’s brochures and television announcements described above.

The Question

Under the Texas Disciplinary Rules of Professional Conduct, which of the following communications of the legal aid organization must be filed with the Advertising Review Committee?

The Correct Answer is E Of 7 Responses, 14% are correct.

  1. A 0
  2. B 0
  3. C 4
  4. D 2
  5. E 1

The Explanation

Rule 7.04(a) of the Texas Disciplinary Rules of Professional Conduct generally requires “an advertisement of legal services” (as well as “a solicitation communication”) to be filed with the Advertising Review Committee of the State Bar of Texas. But does this requirement apply to the legal aid organization’s brochures and television announcements described above?

Rule 7.01(b) defines “advertisement” and “solicitation communication” for purposes of Rules 7.01 to 7.06 of the Texas Disciplinary Rules of Professional Conduct. To meet either definition, the communication must be “substantially motivated by pecuniary gain.” Tex. Disciplinary R. Prof’l Conduct 7.01(b). This conclusion is supported by Comment 8 to Rule 7.01, which addresses “Public Education Activities.”

Moreover, Rule 7.05 expressly exempts certain communications from the filing requirements of Rule 7.04—“unless they fail to comply with Rules 7.01, 7.02, and 7.03”—including “any communication of a bona fide nonprofit legal aid organization that is used to educate members of the public about the law or to promote the availability of free or reduced-fee legal services.” Tex. Disciplinary R. Prof’l Conduct 7.05(a). The correct response is E. For more Ethics Question of the Month columns, go to legalethicstexas.com/ethics-question-of-the-month.

Bluebook Citation

Getting the Word Out: Ethics Question of the Month - January 2026, Texas Center for Legal Ethics (2026), from https://legalethicstexas.com/ethics-question-of-the-month/ethics-question-of-the-month-january-2026/ (last visited Jan 02, 2026)

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