OPINION 320
October 1966

ADVERTISING USE OF ATTORNEY'S NAME AND PICTURE I); AIRLINE ADVERTISING. An attorney may not ethically permit an airline to use his name and picture as part of its newspaper advertising.

Canon 24.

Question

Blue Sky Airlines published a newspaper ad prominently displaying the picture of attorney John Doe, headlined as follows:

"Last time attorney John Doe flew to New York he tried a Blue Sky Airlines triangle trip to Miami."

Then followed an account of how the attorney made his business trip to New York and yet had time for relaxation in Miami via the triangle trip at little extra cost. Has attorney John Doe violated the Canons of Ethics?

Opinion

The appearance of an attorney's name in an advertisement of a commercial institution has been approved with certain specific and strict limitations. See A.B.A. Opinion 285 (September, 1951) and Texas Opinions 188 (October, 1958) and 283 (June, 1964). The present situation does not fall within those limitations, however, and if attorney John Doe knowingly permitted the Airline to use his name and picture there would be a clear violation of Canon 24. If the use was without his knowledge and consent he should promptly advise the Airline of his disapproval and terminate any further publication. (8-0.)