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Texas Criminal and Traffic Leads and Direct Mail

If you are looking for specific information on Texas Class C misdemeanor traffic leads and direct mail, please click here

The leads: We collect Texas criminal and traffic leads from the following counties. If you see a county below, we collect leads for criminal and traffic cases for that county. And if you don't see a county below, we don't collect leads for it at the moment, but that may change, so feel free to check back in the future.

Archer Bexar Brazos Brazoria
Collin Comal Dallas Denton
Ellis Galveston Gregg Harris
Hidalgo Hood Kerr Lubbock
Nueces Midland Montgomery Potter
San Patricio Tarrant Taylor Travis
Wharton      

Where do you collect the leads from? It depends on the county. In some counties we collect it from the clerk of court. In other counties, we collect it from the jail/sheriff's office. 

Types of service: We have two types of service: the Traditional Service and the Full Service. With the Traditional Service, we collect leads on new Texas criminal arrests and traffic cases. We filter these leads according to your specifications in terms of the counties you are interested in, the types of charges (cases) you are interested in, and your general marketing strategy. We can then send you a spreadsheet containing these leads. You only pay for the leads we send you and we only send you the leads that you want. In addition, we also offer a free mail merge service. If you email us your letters, we will keep them on file, and then each day, Monday through Friday, we will mail merge the leads into your letters and then email you the already mail-merged letters ready for printing. If you plan to use labels to address your mail pieces, you can email us the brand and number of labels you use, and we can set up free, daily mail merge into your labels.

For the Full Service, we handle the entire process for you, from collecting the newly filed Texas criminal and traffic cases (the leads), filtering them to your specifications in terms of counties, types of charges that you are interested in, and any other strategy that you have. We then print your envelopes and letters in full color and mail off your mail pieces (advertisements). We mail each day, Monday through Friday. We are professional mailers and maintain multiple permits with USPS.

Pricing: The pricing is county dependent and volume dependent. Each county in Texas works slightly differently in terms of how easy and how costly it is for us to get the raw data that we transform into the leads. The volume of leads or mail pieces can impact the prices as well, with higher volumes generally associated with a lower per lead or per mail piece cost. 

Please call us at 1-888-513-6245 or email us at info@directlegalmail.com and we can talk about what you are looking for and we can provide you with a custom quote. If you have several strategies that you want to price out, we can assist you with that. We can run the volume numbers and give you average cost figures for the different strategies you have in mind. 

How fresh are the Texas leads? We collect the Texas leads each day, every day, so the leads are as fresh as the leads can be. We email the leads to you each day, Monday through Friday. Monday's data contains the leads from the weekend.

Can I get only the types of cases I want and only in the counties that I want? Yes. We can filter the data to your specifications according to county and type of offense/charge.

Is it easy to make changes? Yes, just email us and we can make the changes for you.

Any other special characteristics of your service: Yes, we can provide free mail merge to make things easier on your end. Basically, you email us your letters and we keep them on file. Each day, we mail merge the data into the letters, and then email you the already mail-merged letters along with the data. You can just open up the document containing the mail-merged letters and just hit “print.” Then you can do the rest of the mailing process. It is that easy. There is no extra charge for mail merge.

Can you do the mailings for me? Yes. This is called our Full Service. We are able to collect the leads, filter them to your specifications, and do the mailings for you. We are professional mailers who have permits with the Post Office. We do the mailings each day, Monday through Friday, so that your potential clients promptly receive your direct mail advertisements. Please call us at 1-888-513-6245 or email us at info@directlegalmail.com so we can discuss your needs/requirements. We can also provide you with a custom quote. 

Do you have any samples of the Texas leads or advertisement letters for me to look at? Yes, please email us at info@directlegalmail.com or use the contact box to the right, and we will send you a sample of the data and/or sample letters.

 

 

Texas Disciplinary Rules of Professional Conduct

 

VII. INFORMATION ABOUT LEGAL SERVICES Rule 7.01. Communications Concerning a Lawyer’s Services

  • A lawyer shall not make or sponsor a false or misleading communication about the qualifications or services of a lawyer or law Information about legal services must be truthful and nondeceptive. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading. A statement is misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer’s services for which there is no reasonable factual foundation, or if the statement is substantially likely to create unjustified expectations about the results the lawyer can achieve.

 

  • This Rule governs all communications about a lawyer’s services, including advertisements and solicitation For purposes of Rules 7.01 to 7.06:

 

  • An “advertisement” is a communication substantially motivated by pecuniary gain that is made by or on behalf of a lawyer to members of the public in general, which offers or promotes legal services under circumstances where the lawyer neither knows nor reasonably should know that the recipients need legal services in particular

 

  • A “solicitation communication” is a communication substantially motivated by pecuniary gain that is made by or on behalf of a lawyer to a specific person who has not sought the lawyer’s advice or services, which reasonably can be understood as offering to provide legal services that the lawyer knows or reasonably should know the person needs in a particular

 

  • Lawyers may practice law under a trade name that is not false or A law firm name may include the names of current members of the firm and of deceased or retired members of the firm, or of a predecessor firm, if there has been a succession in the firm identity. The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. A law firm with an office in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.

 

  • A statement or disclaimer required by these Rules shall be sufficiently clear that it can reasonably be understood by an ordinary person and made in each language used in the A statement that a language is spoken or understood does not require a statement or disclaimer in that language.

 

  • A lawyer shall not state or imply that the lawyer can achieve results in the representation by unlawful use of violence or means that violate these Rules or other

 

  • A lawyer may state or imply that the lawyer practices in a partnership or other business entity only when that is

 

  • If a lawyer who advertises the amount of a verdict secured on behalf of a client knows that the verdict was later reduced or reversed, or that the case was settled for a lesser amount, the lawyer must state in each advertisement of the verdict, with equal or greater prominence, the amount of money that was ultimately received by the

 

Comment:

 

  1. This Rule governs all communications about a lawyer’s services, including firm names, letterhead, and professional Whatever means are used to make known a lawyer’s services, statements about them must be truthful and not misleading. As subsequent provisions make clear, some rules apply only to “advertisements” or “solicitation communications.” A statement about a lawyer’s services falls within those categories only if it was “substantially motivated by pecuniary gain,” which means that pecuniary gain was a substantial factor in the making of the statement.

 

Misleading Truthful Statements

 

  1. Misleading truthful statements are prohibited by this For example, a truthful statement is misleading if presented in a way that creates a substantial likelihood that a reasonable person would believe the lawyer’s communication requires that person to take further action when, in fact, no action is required.

 

Use of Actors

 

  1. The use of an actor to portray a lawyer in a commercial is misleading if there is a substantial likelihood that a reasonable person will conclude that the actor is the lawyer who is offering to provide legal Whether a disclaimer—such as a statement that the depiction is a “dramatization” or shows an “actor portraying a lawyer”—is sufficient to make the use of an actor not misleading depends on a careful assessment of the relevant facts and circumstances, including whether the disclaimer is conspicuous and clear. Similar issues arise with respect to actors portraying clients in commercials. Such a communication is misleading if there is a substantial likelihood that a reasonable person will reach erroneous conclusions based on the dramatization.

 

Intent to Refer Prospective Clients to Another Firm

 

  1. A communication offering legal services is misleading if, at the time a lawyer makes the communication, the lawyer knows or reasonably should know, but fails to disclose, that a prospective client responding to the communication is likely to be referred to a lawyer in another

 

 

Unjustified Expectations

 

  1. A communication is misleading if there is a substantial likelihood that it will create unjustified expectations on the part of prospective clients about the results that can be A communication that truthfully reports results obtained by a lawyer on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. Depending on the facts and circumstances, the inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to mislead the public.

 

Required Statements and Disclaimers

 

  1. A statement or disclaimer required by these Rules must be presented clearly and conspicuously such that it is likely to be noticed and reasonably understood by an ordinary In radio, television, and Internet advertisements, verbal statements must be spoken in a manner that their content is easily intelligible, and written statements must appear in a size and font, and for a sufficient length of time, that a viewer can easily see and read the statements.

 

Unsubstantiated Claims and Comparisons

 

  1. An unsubstantiated claim about a lawyer’s or law firm’s services or fees, or an unsubstantiated comparison of the lawyer’s or law firm’s services or fees with those of other lawyers or law firms, may be misleading if presented with such specificity as to lead a reasonable person to conclude that the comparison or claim can be

 

Public Education Activities

 

  1. As used in these Rules, the terms “advertisement” and “solicitation communication” do not include statements made by a lawyer that are not substantially motivated by pecuniary Thus, communications which merely inform members of the public about their legal rights and about legal services that are available from public or charitable legal-service organizations, or similar non-profit entities, are permissible, provided they are not misleading. These types of statements may be made in a variety of ways, including community legal education sessions, know-your- rights brochures, public service announcements on television and radio, billboards, information posted on organizational social media sites, and outreach to low-income groups in the community, such as in migrant labor housing camps, domestic violence shelters, disaster resource centers, and dilapidated apartment complexes.

 

Web Presence

 

  1. A lawyer or law firm may be designated by a distinctive website address, e-mail address, social media username or comparable professional designation that is not misleading and does not otherwise violate these

 

Past Success and Results

 

  1. A communication about legal services may be misleading because it omits an important fact or tells only part of the A lawyer who knows that an advertised verdict was later reduced or reversed, or that the case was settled for a lesser amount, must disclose those facts with equal or greater prominence to avoid creating unjustified expectations on the part of potential clients. A lawyer may claim credit for a prior judgement or settlement only if the lawyer played a substantial role in obtaining that result. This standard is satisfied if the lawyer served as lead counsel or was primarily responsible for the settlement. In other cases, whether the standard is met depends on the facts. A lawyer who did not play a substantial role in obtaining an advertised judgment or settlement is subject to discipline for misrepresenting the lawyer’s experience and, in some cases, for creating unjustified expectations about the results the lawyer can achieve.

 

Related Rules

 

  1. It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or See Rule 8.04(a)(3); see also Rule 8.04(a)(5) (prohibiting communications stating or implying an ability to improperly influence a government agency or official).

 

Rule 7.02. Advertisements

 

  • An advertisement of legal services shall publish the name of a lawyer who is responsible for the content of the advertisement and identify the lawyer’s primary practice

 

  • A lawyer who advertises may communicate that the lawyer does or does not practice in particular fields of law, but shall not include a statement that the lawyer has been certified or designated by an organization as possessing special competence or a statement that the lawyer is a member of an organization the name of which implies that its members possess special competence, except that:

 

  • a lawyer who has been awarded a Certificate of Special Competence by the Texas Board of Legal Specialization in the area so advertised, may state with respect to each such area, “Board Certified, area of specialization -- Texas Board of Legal Specialization”; and

 

  • a lawyer who is a member of an organization the name of which implies that its members possess special competence, or who has been certified or designated by an organization as possessing special competence in a field of practice, may include a factually accurate, non-misleading statement of such membership or certification, but only if that organization has been accredited by the Texas Board of Legal Specialization as a bona fide organization that admits to membership or grants certification only on the basis of published criteria which the Texas Board of Legal Specialization has established as required for such

 

  • If an advertisement by a lawyer discloses a willingness to render services on a contingent fee basis, the advertisement must state whether the client will be obligated to pay for other expenses, such as the costs of

 

  • A lawyer who advertises a specific fee or range of fees for an identified service shall conform to the advertised fee or range of fees for the period during which the advertisement is reasonably expected to be in circulation or otherwise expected to be effective in attracting clients, unless the advertisement specifies a shorter However, a lawyer is not bound to conform to the advertised fee or range of fees for a period of more than one year after the date of publication, unless the lawyer has expressly promised to do so.

 

Comment:

 

  1. These Rules permit the dissemination of information that is not false or misleading about a lawyer’s or law firm’s name, address, e-mail address, website, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer’s fees are determined, including prices for specific services and payment and credit arrangements; a lawyer’s foreign language abilities; names of references and, with their consent, names of clients regularly represented; and other similar information that might invite the attention of those seeking legal

 

Communications about Fields of Practice

 

  1. Lawyers often benefit from associating with other lawyers for the development of practice Thus, practitioners have established associations, organizations, institutes, councils, and practice groups to promote, discuss, and develop areas of the law, and to advance continuing education and skills development. While such activities are generally encouraged, participating lawyers must refrain from creating or using designations, titles, or certifications which are false or misleading. A lawyer shall not advertise that the lawyer is a member of an organization whose name implies that members possess special competence, unless the organization meets the standards of Rule 7.02(b). Merely stating a designated class of membership, such as Associate, Master, Barrister, Diplomate, or Advocate, does not, in itself, imply special competence violative of these Rules.

 

  1. Paragraph (b) of this Rule permits a lawyer to communicate that the lawyer does or does not practice in particular areas of A lawyer is generally permitted to state that the lawyer “concentrates in” or is a “specialist,” practices a “specialty,” or “specializes in” particular fields based on the lawyer’s experience, specialized training or education, but such communications are subject to the “false and misleading” standard applied by Rule 7.01 to communications concerning a lawyer’s services.

 

  1. The Patent and Trademark Office has a long-established policy of designating lawyers practicing before the The designation of Admiralty practice also has a long historical tradition associated with maritime commerce and the federal courts. A lawyer’s communications about these practice areas are not prohibited by this Rule.

 

Certified Specialist

 

  1. This Rule permits a lawyer to state that the lawyer is certified as a specialist in a field of law if such certification is granted by the Texas Board of Legal Specialization or by an organization that applies standards of experience, knowledge and proficiency to ensure that a lawyer’s recognition as a specialist is meaningful and reliable, if the organization is accredited by the Texas Board of Legal To ensure that consumers can obtain access to useful information about an organization granting certification, the name of the certifying organization must be included in any communication regarding the certification.

 

Rule 7.03. Solicitation and Other Prohibited Communications

 

  • The following definitions apply to this Rule:

 

  • “Regulated telephone, social media, or other electronic contact” means telephone, social media, or electronic communication initiated by a lawyer, or by a person acting on behalf of a lawyer, that involves communication in a live or electronically interactive

 

  • A lawyer “solicits” employment by making a “solicitation communication,” as that term is defined in Rule 01(b)(2).

 

  • A lawyer shall not solicit through in-person contact, or through regulated telephone, social media, or other electronic contact, professional employment from a non-client, unless the target of the solicitation is:

 

  • another lawyer;

 

  • a person who has a family, close personal, or prior business or professional relationship with the lawyer; or

 

  • a person who is known by the lawyer to be an experienced user of the type of legal services involved for business

 

  • ) A lawyer shall not send, deliver, or transmit, or knowingly permit or cause another person to send, deliver, or transmit, a communication that involves coercion, duress, overreaching, intimidation, or undue

 

  • A lawyer shall not send, deliver, or transmit, or knowingly permit or cause another person to send, deliver, or transmit, a solicitation communication to a prospective client, if:

 

  • the communication is misleadingly designed to resemble a legal pleading or other legal document; or

 

  • the communication is not plainly marked or clearly designated an “ADVERTISEMENT” unless the target of the communication is:

 

  • another lawyer;

 

 

  • a person who has a family, close personal, or prior business or professional relationship with the lawyer; or

 

  • a person who is known by the lawyer to be an experienced user of the type of legal services involved for business

 

  • ) A lawyer shall not pay, give, or offer to pay or give anything of value to a person not licensed to practice law for soliciting or referring prospective clients for professional employment, except nominal gifts given as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s

 

  • This Rule does not prohibit a lawyer from paying reasonable fees for advertising and public relations services or the usual charges of a lawyer referral service that meets the requirements of Texas

 

  • A lawyer may refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if:

 

  • the reciprocal referral agreement is not exclusive;

 

  • clients are informed of the existence and nature of the agreement; and

 

  • the lawyer exercises independent professional judgment in making

 

  • A lawyer shall not, for the purpose of securing employment, pay, give, advance, or offer to pay, give, or advance anything of value to a prospective client, other than actual litigation expenses and other financial assistance permitted by Rule 08(d), or ordinary social hospitality of nominal value.

 

  • This Rule does not prohibit communications authorized by law, such as notice to members of a class in class action

 

Comment:

 

Solicitation by Public and Charitable Legal Services Organizations

 

  1. Rule 01 provides that a “‘solicitation communication’ is a communication substantially motivated by pecuniary gain.” Therefore, the ban on solicitation imposed by paragraph (b) of this Rule does not apply to the activities of lawyers working for public or charitable legal services organizations.

 

Communications Directed to the Public or Requested

 

  1. A lawyer’s communication is not a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is made in response to a request for information, including an electronic search for The terms “advertisement” and “solicitation communication” are defined in Rule 7.01(b).

 

The Risk of Overreaching

 

  1. A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known to be in need of legal services via in-person or regulated telephone, social media, or other electronic These forms of contact subject a person to the private importuning of the trained advocate in a direct interpersonal encounter. The person, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult to fully evaluate all available alternatives with reasoned judgment and appropriate self‑interest in the face of the lawyer’s presence and insistence upon an immediate response. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

 

  1. The potential for overreaching that is inherent in in-person or regulated telephone, social media, or other electronic contact justifies their prohibition, since lawyers have alternative means of conveying necessary In particular, communications can be sent by regular mail or e- mail, or by other means that do not involve communication in a live or electronically interactive manner. These forms of communications make it possible for the public to be informed about the need for legal services, and about the qualifications of available lawyers and law firms, with minimal risk of overwhelming a person’s judgment.

 

  1. The contents of live person-to-person contact can be disputed and may not be subject to third‑party Consequently, they are much more likely to approach (and occasionally cross) the dividing line between accurate representations and those that are false and misleading.

 

Targeted Mail Solicitation

 

  1. Regular mail or e-mail targeted to a person that offers to provide legal services that the lawyer knows or reasonably should know the person needs in a particular matter is a solicitation communication within the meaning of Rule 01(b)(2), but is not prohibited by subsection (b) of this Rule. Unlike in-person and electronically interactive communication by “regulated telephone, social media, or other electronic contact,” regular mail and e-mail can easily be ignored, set aside, or reconsidered. There is a diminished likelihood of overreaching because no lawyer is physically present and there is evidence in tangible or electronic form of what was communicated. See Shapero v. Kentucky B. Ass'n, 486 U.S. 466 (1988).

 

Personal, Family, Business, and Professional Relationships

 

  1. There is a substantially reduced likelihood that a lawyer would engage in overreaching against a former client, a person with whom the lawyer has a close personal, family, business or professional relationship, or in situations in which the lawyer is motivated by considerations other than pecuniary Nor is there a serious potential for overreaching when the person contacted is a lawyer or is known to routinely use the type of legal services involved for business purposes.

 

Examples include persons who routinely hire outside counsel to represent an entity; entrepreneurs who regularly engage business, employment law, or intellectual property lawyers; small business proprietors who routinely hire lawyers for lease or contract issues; and other people who routinely retain lawyers for business transactions or formations.

 

Constitutionally Protected Activities

 

  1. Paragraph (b) is not intended to prohibit a lawyer from participating in constitutionally protected activities of public or charitable legal-service organizations or bona fide political, social, civic, fraternal, employee, or trade organizations whose purposes include providing or recommending legal services to their members or See In re Primus, 436 U.S. 412 (1978).

 

Group and Prepaid Legal Services Plans

 

  1. This Rule does not prohibit a lawyer from contacting representatives of organizations or entities that may be interested in establishing a group or prepaid legal plan for their members, insureds, beneficiaries, or other third Such communications may provide information about the availability and terms of a plan which the lawyer or lawyer's firm is willing to offer. This form of communication is not directed to persons who are seeking legal services for themselves. Rather, it is usually addressed to a fiduciary seeking a supplier of legal services for others, who may, if they choose, become prospective clients of the lawyer. Under these circumstances, the information transmitted is functionally similar to the types of advertisements permitted by these Rules.

 

Designation as an Advertisement

 

  1. For purposes of paragraph (d)(2) of this Rule, a communication is rebuttably presumed to be “plainly marked or clearly designated an ‘ADVERTISEMENT’” if: (a) in the case of a letter transmitted in an envelope, both the outside of the envelope and the first page of the letter state the word “ADVERTISEMENT” in bold face all-capital letters that are 3/8” high on a uncluttered background; (b) in the case of an e-mail message, the first word in the subject line is “ADVERTISEMENT” in all capital letters; and (c) in the case of a text message or message on social media, the first word in the message is “ADVERTISEMENT” in all capital

 

Paying Others to Recommend a Lawyer

 

  1. This Rule allows a lawyer to pay for advertising and communications, including the usual costs of printed or online directory listings or advertisements, television and radio airtime, domain-name registrations, sponsorship fees, and group A lawyer may compensate employees, agents, and vendors who are engaged to provide marketing or client development services, such as publicists, public-relations personnel, business-development staff, television and radio station employees or spokespersons, and website designers.

 

  1. This Rule permits lawyers to give nominal gifts as an expression of appreciation to a person for recommending the lawyer’s services or referring a prospective The gift may not be more than a token item as might be given for holidays, or other ordinary social hospitality. A gift is

 

prohibited if offered or given in consideration of any promise, agreement, or understanding that such a gift would be forthcoming or that referrals would be made or encouraged in the future.

 

  1. A lawyer may pay others for generating client leads, such as Internet-based client leads, as long as the lead generator does not recommend the lawyer, any payment to the lead generator is consistent with Rule 04(a) (division of fees with nonlawyers) and Rule 5.04(c) (nonlawyer interference with the professional independence of the lawyer), and the lead generator’s communications are consistent with Rule 7.01 (communications concerning a lawyer’s services). To comply with Rule 7.01, a lawyer must not pay a lead generator that states, implies, or creates a reasonable impression that it is recommending the lawyer, is making the referral without payment from the lawyer, or has analyzed a person’s legal problems when determining which lawyer should receive the referral. See also Rule 5.03 (duties of lawyers and law firms with respect to the conduct of nonlawyers); Rule 8.04(a)(1) (duty to avoid violating the Rules through the acts of another).

 

Charges of and Referrals by a Legal Services Plan or Lawyer Referral Service

 

  1. A lawyer may pay the usual charges of a legal services plan or a not-for-profit or qualified lawyer referral A legal service plan is a prepaid or group legal service plan or a similar delivery system that assists people who seek to secure legal representation. A lawyer referral service, on the other hand, is any organization that holds itself out to the public as a lawyer referral service. Qualified referral services are consumer-oriented organizations that provide unbiased referrals to lawyers with appropriate experience in the subject matter of the representation and afford other client protections, such as complaint procedures or malpractice insurance requirements.

 

  1. A lawyer who accepts assignments or referrals from a legal service plan or referrals from a lawyer referral service must act reasonably to assure that the activities of the plan or service are compatible with the lawyer's professional Legal service plans and lawyer referral services may communicate with the public, but such communication must be in conformity with these Rules. Thus, advertising must not be false or misleading, as would be the case if the communications of a group advertising program or a group legal services plan would mislead the public to think that it was a lawyer referral service sponsored by a state agency or bar association.

 

Reciprocal Referral Arrangements

 

  1. A lawyer does not violate paragraph (e) of this Rule by agreeing to refer clients to another lawyer or nonlawyer professional, so long as the reciprocal referral agreement is not exclusive, the client is informed of the referral agreement, and the lawyer exercises independent professional judgment in making the Reciprocal referral agreements should not be of indefinite duration and should be reviewed periodically to determine whether they comply with these Rules. A lawyer should not enter into a reciprocal referral agreement with another lawyer that includes a division of fees without determining that the agreement complies with Rule 1.04(f).

 

Meals or Entertainment for Prospective Clients

 

  1. This Rule does not prohibit a lawyer from paying for a meal or entertainment for a prospective client that has a nominal value or amounts to ordinary social

 

Rule 7.04. Filing Requirements for Advertisements and Solicitation Communications

 

  • Except as exempt under Rule 05, a lawyer shall file with the Advertising Review Committee, State Bar of Texas, no later than ten (10) days after the date of dissemination of an advertisement of legal services, or ten (10) days after the date of a solicitation communication sent by any means:

 

  • a copy of the advertisement or solicitation communication (including packaging if applicable) in the form in which it appeared or will appear upon dissemination;

 

  • a completed lawyer advertising and solicitation communication application; and

 

  • payment to the State Bar of Texas of a fee authorized by the Board of

 

  • If requested by the Advertising Review Committee, a lawyer shall promptly submit information to substantiate statements or representations made or implied in an advertisement or solicitation

 

  • A lawyer who desires to secure pre-approval of an advertisement or solicitation communication may submit to the Advertising Review Committee, not fewer than thirty (30) days prior to the date of first dissemination, the material specified in paragraph (a), except that in the case of an advertisement or solicitation communication that has not yet been produced, the documentation will consist of a proposed text, production script, or other description, including details about the illustrations, actions, events, scenes, and background sounds that will be A finding of noncompliance by the Advertising Review Committee is not binding in a disciplinary proceeding or action, but a finding of compliance is binding in favor of the submitting lawyer as to all materials submitted for pre-approval if the lawyer fairly and accurately described the advertisement or solicitation communication that was later produced. A finding of compliance is admissible evidence if offered by a party.

 

Comment:

 

  1. The Advertising Review Committee shall report to the appropriate disciplinary authority any lawyer whom, based on filings with the Committee, it reasonably believes disseminated a communication that violates Rules 01, 7.02, or 7.03, or otherwise engaged in conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. See Rule 8.03(a).

 

Multiple Solicitation Communications

 

  1. Paragraph (a) does not require that a lawyer submit a copy of each written solicitation letter a lawyer If the same form letter is sent to several persons, only a representative sample of each form letter, along with a representative sample of the envelopes used to mail the letters, need be filed.

 

 

Requests for Additional Information

 

  1. Paragraph (b) does not empower the Advertising Review Committee to seek information from a lawyer to substantiate statements or representations made or implied in communications about legal services that were not substantially motivated by pecuniary

 

Rule 7.05. Communications Exempt from Filing Requirements

 

The following communications are exempt from the filing requirements of Rule 7.04 unless they fail to comply with Rules 7.01, 7.02, and 7.03:

 

  • 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;

 

  • information and links posted on a law firm website, except the contents of the website homepage, unless that information is otherwise exempt from filing;

 

  • a listing or entry in a regularly published law list;

 

  • an announcement card stating new or changed associations, new offices, or similar changes relating to a lawyer or law firm, or a business card;

 

  • a professional newsletter in any media that it is sent, delivered, or transmitted only to:

 

  • existing or former clients;

 

  • other lawyers or professionals;

 

  • persons known by the lawyer to be experienced users of the type of legal services involved for business matters;

 

  • members of a nonprofit organization which has requested that members receive the newsletter; or

 

  • persons who have asked to receive the newsletter;

 

  • a solicitation communication directed by a lawyer to:

 

  • another lawyer;

 

  • a person  who  has  a  family,  close  personal,  or  prior  business  or  professional relationship with the lawyer; or

 

  • a person who is known by the lawyer to be an experienced user of the type of legal services involved for business matters;

 

  • a communication in social media or other media, which does not expressly offer legal services, and that:

 

  • is primarily informational, educational, political, or artistic in nature, or made for entertainment purposes; or

 

  • consists primarily of the type of information commonly found on the professional resumes of lawyers;

 

  • an advertisement that:

 

  • identifies a lawyer or a firm as a contributor or sponsor of a charitable, community, or public interest program, activity, or event; and

 

  • contains no information about the lawyers or firm other than names of the lawyers or firm or both, location of the law offices, contact information, and the fact of the contribution or sponsorship;

 

  • communications that contain only the following types of information:

 

  • the name of the law firm and any lawyer in the law firm, office addresses, electronic addresses, social media names and addresses, telephone numbers, office and telephone service hours, telecopier numbers, and a designation of the profession, such as “attorney,” “lawyer,” “law office,” or “firm;”

 

  • the areas of law in which lawyers in the firm practice, concentrate, specialize, or intend to practice;

 

  • the admission of a lawyer in the law firm to the State Bar of Texas or the bar of any court or jurisdiction;

 

  • the educational background of the lawyer;

 

  • technical and professional licenses granted by this state and other recognized licensing authorities;

 

  • foreign language abilities;

 

  • areas of law in which a lawyer is certified by the Texas Board of Legal Specialization or by an organization that is accredited by the Texas Board of Legal Specialization;

 

  • identification of prepaid or group legal service plans in which the lawyer participates;

 

  • the acceptance or nonacceptance of credit cards;

 

  • fees charged for an initial consultation or routine legal services;

 

  • identification of a lawyer or a law firm as a contributor or sponsor of a charitable, community, or public interest program, activity or event;

 

  • any disclosure or statement required by these Rules; and

 

  • any other information specified in orders promulgated by the Supreme Court of

 

Comment:

 

  1. This Rule exempts certain types of communications from the filing requirements of Rule 04. Communications that were not substantially motivated by pecuniary gain do not need to be filed.

 

Website-Related Filings

 

  1. While the entire website of a lawyer or law firm must be compliant with Rules 01 and 7.02, the only material on the website that may need to be filed pursuant to this Rule is the contents of the homepage. However, even a homepage does not need to be filed if the contents of the homepage are exempt from filing under the provisions of this Rule. Under Rule 7.04(c), a lawyer may voluntarily seek pre-approval of any material that is part of the lawyer’s website.

 

Rule 7.06. Prohibited Employment

 

  • A lawyer shall not accept or continue employment in a matter when that employment was procured by conduct prohibited by Rules 01 through 7.03, 8.04(a)(2), or 8.04(a)(9), engaged in by that lawyer personally or by another person whom the lawyer ordered, encouraged, or knowingly permitted to engage in such conduct.

 

  • A lawyer shall not accept or continue employment in a matter when the lawyer knows or reasonably should know that employment was procured by conduct prohibited by Rules 01 through 7.03, 8.04(a)(2), or 8.04(a)(9), engaged in by another person or entity that is a shareholder, partner, or member of, an associate in, or of counsel to that lawyer's firm; or by any other person whom the foregoing persons or entities ordered, encouraged, or knowingly permitted to engage in such conduct.

 

  • A lawyer who has not violated paragraph (a) or (b) in accepting employment in a matter shall not continue employment in that matter once the lawyer knows or reasonably should know that the person procuring the lawyer's employment in the matter engaged in, or ordered, encouraged, or knowingly permitted another to engage in, conduct prohibited by Rules 01 through 7.03, 8.04(a)(2), or 8.04(a)(9) in connection with the matter unless nothing of value is given thereafter in return for that employment.

 

Comment:

 

 

  1. This Rule deals with three different situations: personal disqualification, imputed disqualification, and referral-related

 

Personal Disqualification

 

  1. Paragraph (a) addresses situations where the lawyer in question has violated the specified advertising rules or other provisions dealing with serious crimes and The Rule makes clear that the offending lawyer cannot accept or continue to provide representation. This prohibition also applies if the lawyer ordered, encouraged, or knowingly permitted another to violate the Rules in question.

 

Imputed Disqualification

 

  1. Second, paragraph (b) addresses whether other lawyers in a firm can provide representation if a person or entity in the firm has violated the specified advertising rules or other provisions dealing with serious crimes and barratry, or has ordered, encouraged, or knowingly permitted another to engage in such The Rule clearly indicates that the other lawyers cannot provide representation if they knew or reasonably should have known that the employment was procured by conduct prohibited by the stated Rules. This effectively means that, in such cases, the disqualification that arises from a violation of the advertising rules and other specified provisions is imputed to other members of the firm.

 

Restriction on Referral-Related Payments

 

  1. Paragraph (c) deals with situations where a lawyer knows or reasonably should know that a case referred to the lawyer or the lawyer’s law firm was procured by violation of the advertising rules or other specified The Rule makes clear that, even if the lawyer’s conduct did not violate paragraph (a) or (b), the lawyer can continue to provide representation only if the lawyer does not pay anything of value, such as a referral fee, to the person making the referral.

 

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