Texas Professional Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Texas Professional Ethics Committee, with full citations and source links on every page.
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Can a company employ a lawyer on a straight salary to handle its legal work and house him in the company's building?
Yes. The Committee concluded that a company may employ an attorney on a straight salary basis to defend and prosecute suits, write collection letters, and do its other legal work, and the attorney may…
Can a lawyer let the opposing party pay the fee for the work the lawyer does for his own client?
Only with the client's informed consent. The Committee concluded that a landowner's attorney accepting the easement-seeker's offer to pay the attorney's fee is unethical under Canons 6 and 35 unless t…
Can a lawyer buy a 'compliments' listing in a high-school football program that identifies him as an attorney?
A name-only listing is fine, but a listing identifying the person as 'Attorney at Law' violates Canon 24. A listing showing only a Criminal District Attorney's office does not violate the Canon if pub…
Is a lawyer responsible when newspapers report his courtroom successes, and when does that publicity become improper?
The Committee concluded that newspaper articles about a lawyer's case successes are not improper if written entirely by reporters from their own observation and court records with no input or control …
Can a plaintiff's lawyer write the represented defendant directly to urge him to push his insurer to settle within policy limits?
No. The Committee concluded that a plaintiff's attorney who writes a represented defendant directly, advising him to demand his insurer settle within limits and offering to settle, violates Canon 9, w…
Can a lawyer-legislator who sponsored a resolution letting a constituent sue the State then take the case and prosecute that suit?
No. The Committee concluded it would be unethical for a lawyer-legislator to accept employment to sue the State on a claim authorized by legislation he sponsored, treating it as contrary to the spirit…
Can a lawyer solicit another lawyer for contingent-fee work to help on a specific case or to revive a lost one?
No. The Committee concluded that soliciting employment from another lawyer on a contingent basis, whether to assist in a specific case or to revive a case the other lawyer has lost and forgotten, viol…
Can a lawyer leave his letterhead with a bank or loan company so its staff can write and sign collection letters in his name?
No. The Committee concluded that an attorney who leaves his letterhead with a bank or loan company so its staff can write, sign, and mail collection letters in his name, without his reviewing them, vi…
Can a lawyer dismiss a client's pending suit at the client's request without contacting the attorneys of record already handling it?
No. The Committee concluded that a lawyer who dismissed a client's suit at the client's request, without contacting the attorneys of record who had been handling it and without their knowledge or cons…
Can a lawyer who handled an estate's probate for the sole beneficiary later sue to remove the executor who paid his fee?
Yes. The Committee concluded that where the estate's administration was substantially complete and the lawyer had been employed by the sole beneficiary, no conflict precludes the lawyer from represent…
If a lawyer realizes shortly before trial that he must testify for his client, can he keep representing the client after testifying?
Yes, on these facts. A majority of the Committee concluded that where the lawyer did not know at the time of employment that he would be a witness, the necessity arose during the procedure preliminary…
Must an insurer-retained defense lawyer warn the insured of his Stowers rights against the insurer in time to demand a within-limits settlement?
The Committee did not resolve it. The eight members split 4-4 on whether an insurer-retained defense lawyer must inform the insured of his rights under Stowers, leaving it an open question. The member…
Can a lawyer list his name in bold or distinctive type in a telephone directory to stand out from other attorneys?
No. The Committee unanimously concluded that listing a lawyer's name in heavy black, bold-faced, or other distinctive type that sets it apart from the normal listing of other attorneys in a telephone …
Can a lawyer list his name twice in the yellow pages, once normally and once in reverse order, to appear more than once?
No. A majority of the Committee concluded that listing a lawyer's name in both normal order and reverse order in the classified section of a telephone directory violates Texas Canon 24, because it is …
Can a lawyer hired to collect delinquent county taxes pay a layman a percentage of the amount collected without suit?
No. The Committee unanimously concluded that paying a layman a percentage of taxes collected without suit, whether styled as a percentage or as a salary keyed to the prior month's collections, violate…
Is it misconduct for a lawyer to slip a clause into a will, without the testator's knowledge, naming the lawyer's firm to represent the estate?
Yes. The Committee unanimously concluded that inserting a provision naming the drafting lawyer's firm to represent the estate, without the testator's request or knowledge, is fraudulent and dishonorab…
Can a county judge, in private practice, defend a company in a wrongful-death suit he had ordered the guardian to file as probate judge?
No. The Committee concluded that, although Texas law did not legally bar a county judge from private practice on these facts, he should not accept employment to defend the transportation company in a …
Can a building-and-loan association require its own law firm to prepare all loan papers even though the borrower wants his own lawyer?
Yes, on these facts. A majority concluded that a building and loan association may select its own attorneys and require them to prepare all loan papers, and the selected attorneys do not violate the C…
Can lawyers form and own a collection corporation, run by non-lawyers, to collect delinquent accounts owed to lawyers?
A majority concluded it is not improper for a lawyer to form and own stock in a corporation, managed by non-lawyers, formed to collect delinquent accounts owed to lawyers. The members divided sharply,…
Can a lawyer hire a legislator as co-counsel solely to trigger a mandatory legislative continuance and delay the trial?
No. A majority concluded it is unethical, both for the legislator to accept and for the attorneys to make such employment, where a member of the Legislature is hired as co-counsel for the sole purpose…
Can a lawyer named independent executor also represent the devisees in suing a tenant who is a stranger to the will over the estate's leases?
Yes, on these facts. The Committee concluded that an attorney appointed independent executor may, at the devisees' request, represent them in a meritorious suit against a stranger-tenant for violating…
Can a lawyer submit a competitive bid when a city asks local bar members to bid for the job of recodifying its ordinances?
No. A majority concluded that submitting a bid in response to a city's general request for bids to recodify its ordinances is unethical and not in keeping with the dignity of the profession, treating …
Can a lawyer mail postcards endorsing a candidate for office that show his name, address, and 'attorney at law' designation?
By a bare majority, yes. The Committee concluded that a lawyer may mail an endorsement of a candidate showing only his name, address, and designation as an attorney at law, whether to friends or stran…
Can a prosecutor's non-lawyer investigators work out a guilty plea with a jailed defendant who has a lawyer, without involving that lawyer?
No. The Committee unanimously concluded that a district attorney who, through non-lawyer investigators, works out guilty pleas with represented prisoners without consulting their counsel violates Cano…
Can a prosecutor (or his firm) take a contingent-fee civil damage suit arising from the same accident he is prosecuting criminally?
No. A majority concluded that a district attorney prosecuting a defendant over a highway accident may not, and neither may members of his law firm, press a civil damage suit growing out of the same ac…
Can a lawyer office with a bail-bond company, sign under its bail-bonds sign, and be paid by the bondsmen to get habeas writs for their customers?
No. The Committee unanimously concluded that a lawyer who offices with a bail-bond company, places his small professional sign under the company's prominent bail-bonds sign, is employed by the bondsme…
Can a lawyer who practices criminal law also run, or have an interest in, a bail-bond business?
No. The Committee unanimously concluded that a lawyer who practices criminal law violates Texas Canon 24 by engaging in the business of making bail or other bonds in criminal cases, under his own or a…
Can a defense lawyer post bond as surety for his own client in a criminal case?
Only with the court's leave. The Committee concluded that, although no specific canon barred it, a lawyer acting as surety on his client's bond in a criminal case violates the spirit of Texas Canon 24…
Can a defendant's lawyer send a letter jointly to the plaintiff and the plaintiff's attorney demanding a physical examination?
Yes, on these facts. A majority concluded that a defendant's attorney does not violate Canon 9 by writing a letter addressed jointly to the plaintiff and the plaintiff's attorney demanding that the pl…
Can a lawyer have his phone number listed in a city directory when the listing depends on subscribing to the directory in advance?
Yes. The Committee unanimously concluded that it is not a violation of the Canons for a lawyer to have his telephone number shown beside his name and address in a city directory, in both the alphabeti…
Can a prosecutor question a represented criminal defendant, seek a guilty plea, or order a lie-detector test without the defense lawyer's consent?
No. The Committee unanimously concluded that, because a criminal defendant is a 'party' under Canon 9, a district attorney or his staff may not attempt to elicit a confession or plea of guilty, or sub…
Can a lawyer who is also a licensed CPA hold himself out as practicing both law and accounting at the same time?
A lawyer may use his accounting knowledge in his law practice, but the Committee concluded that if he holds himself out as a practicing accountant he should not at the same time hold himself out as a …
Is a judge disqualified when his lawyer-son tries a case, on contingency, in his court, and can the judge set his son's fee?
A judge is not disqualified merely because his son is one of the attorneys, in either a civil contingent-fee case or a criminal case, because the attorney is not a 'party.' But the Committee concluded…
Can a firm distribute printed real-estate sale forms that show the attorneys' names and the firm as escrow agent?
No. A majority of the Committee concluded that a firm's practice of providing printed real-estate sales agreement forms showing the issuing attorneys' names and the firm's name as escrow agent violate…
Can a lawyer put a window sign reading 'Tax Service' or 'Income Tax' on the office, and how big can an office-location sign be?
No to the tax-service sign. The Committee unanimously concluded that a window sign reading 'Tax Service' or 'Income Tax,' whether placed by the lawyer or by office-mates on his behalf, is improper adv…
Can a lawyer serve as district attorney while remaining a member of a private law firm?
Yes, by a bare majority. The Committee concluded (5-4) that a lawyer may continue as a member of a law firm while holding the office of district attorney, so long as no member of the firm takes a civi…
Must a criminal defense lawyer who spots a fatal defect in the indictment point it out to the court or prosecutor?
No, by majority. The Committee concluded (6-4) that a lawyer defending a criminal case is not required to call attention to a fatal defect in the client's indictment; there is no obligation to help th…
Can a claimant's lawyer write the unrepresented tortfeasor about the claim, and how much can the letter say about the law and the recipient's position?
The Committee unanimously agreed a claimant's lawyer may write the unrepresented opposing party to notify him of the claim and suggest he seek counsel, but a majority (5-3) held the letter at issue vi…
Can a lawyer display or hand out photocopies of large settlement or jury-award checks to advertise results?
No. The Committee unanimously concluded (8-0) that making photocopies of sizeable settlement or award checks bearing the lawyer's name, exhibiting them in the office, or letting clients keep copies vi…
Can an accounting firm keep a lawyer on staff to provide legal services to the firm's clients?
No. The Committee unanimously (8-0) approved ABA Opinion 272: a lawyer may be salaried by an accounting firm to advise the firm itself, but the employment may never be used to enable the accounting fi…
Can patent lawyers list their names in a telephone directory under a separate 'Patent Lawyers' heading in addition to the general 'Attorneys' listing?
No. The Committee unanimously (8-0) followed ABA Opinion 53 and held that a lawyer's telephone-directory listing is limited to one section under the general head 'Attorneys' or 'lawyers'; listing the …
Can a county attorney who prosecutes misdemeanors take paid employment as a special prosecutor in felony cases in the same county?
Yes, conditionally. A majority of the Committee (5-3) concluded that if the county attorney has no duty to prosecute or assist in prosecuting felony cases, the Canons do not prohibit him from acceptin…
Can a justice of the peace practice law as an advocate in cases that arose in his own court or in other courts?
Largely no. The Committee unanimously (8-0) concluded it is improper for a justice of the peace to participate in any case originating in his court or any other justice-of-the-peace court, improper to…
Can a law firm seek a pardon or parole for a prisoner when a firm member, as a former district attorney, prosecuted and convicted that prisoner?
The Committee deadlocked. It split evenly (4-4) on whether a firm may accept employment seeking a prisoner's pardon or parole when a member of the firm, as the former district attorney, prosecuted and…
Can a lawyer representing a client in one case take on an unrelated case suing that same client?
It is a very close question on which the Committee divided. A plurality concluded that where a lawyer's employment is limited to one case, accepting employment against that client in a wholly unrelate…
Can a lawyer add a line to his telephone-directory listing stating that he is a member of a local bar association?
No. The Committee concluded (6-2) that listing 'Member [local] Bar Association' under a lawyer's name in the attorneys section of a telephone directory is improper advertising under Canon 24.
Can a lawyer use postage-meter slogans urging civic participation, like 'please vote' or 'Give to the Heart Fund,' without it being improper advertising?
Yes. A majority of the Committee (7-1) saw nothing improper in lawyers using postage-meter slogans that encourage civic participation, with most regarding the practice as praiseworthy rather than adve…
Can a lawyer run a classified newspaper ad asking 'Is it wise to settle?' and urging people who are sued or have a claim to seek a lawyer's advice?
No. The Committee concluded (7-1) that a San Antonio classified ad reading 'Is it wise to settle? If sued or have a claim, a lawyer's advice is helpful' violates Canons 24 and 25, applying its earlier…
Can a lawyer run a separate sideline business and mention on its letterhead that he is an attorney?
Partly. The Committee unanimously (8-0) concluded a lawyer may conduct another business that is completely divorced from his law practice, but referring on that business's letterhead to his status and…
When a client hires new counsel and demands the file, must the lawyer hand over everything, including his own work sheets, or may he keep some of it?
The Committee unanimously (8-0) concluded the lawyer need not deliver his entire file: he should retain matters purely personal to him and turn over only papers that affect the client's rights or thei…
Can a plaintiff's lawyer take a written statement from the defendant after suit is filed but before the defendant answers?
The Committee unanimously (8-0) concluded that taking a written statement from the opposing party would violate Canon 9 if the defendant were represented by counsel, and that even with an unrepresente…
If a lawyer is also a city judge, what matters are off-limits for him and his firm, and when must he recuse from cases involving firm clients?
The Committee unanimously (6-0) answered all five questions in the affirmative: a city judge and his firm may not represent parties in matters tied to his judicial role (civil suits ancillary to crimi…
Can a lawyer who represented a guardian of an estate keep representing that guardian when a successor guardian contests the first guardian's accounts?
Yes. The Committee concluded (7-1) that having represented the former guardian in administering the estate does not preclude the lawyer from representing that guardian against a successor guardian's c…
Can a lawyer who works as a landman use letterhead and drafts that show only his name, address, and 'oil,' without indicating he is an attorney?
Yes. The Committee concluded (7-0) that it would not violate the Canons for an attorney acting as a landman to use stationery that does not indicate he is an attorney.
Can a district attorney prosecute defendants his former law firm was hired to defend, even though he never actively worked on the case?
No. The Committee concluded (7-0) that it would violate Canon 6 for a district attorney to represent the State against defendants his former firm had been employed to defend, because he was their atto…
Can a lawyer mail an announcement stating he specializes in administrative and labor law and is a resident partner of an out-of-state firm?
No. The Committee concluded (7-1) that the announcement violates the Canons because Canon 42 allows a specialty announcement only for service rendered directly and only to other lawyers, administrativ…
Can one lawyer represent both a deceased man's widow and his unremarried former wife (the mother of his minor children) in the same damages suit?
No. The Committee concluded (8-1) that because a potential conflict exists between the rights of the widow and those of the minor children, it would violate Canon 6 for one attorney to represent all t…
Can a lawyer be credited in a school annual or civic program as a contributor with a notation that he is an attorney?
Not with the lawyer notation. The Committee concluded (8-1) that adding a statement that the contributor is an attorney to a school-annual or civic-program acknowledgment is advertising barred by Cano…
Can a district attorney prosecute a husband for child desertion while also representing the wife in her divorce action?
No. The Committee unanimously concluded (9-0) that prosecuting the husband for the State while taking private employment for the wife in a closely related divorce is a representation of conflicting in…
Can a sitting city judge take private employment to appear before the city council seeking a zoning change for a client?
No. The Committee held (5-4) that it would violate Canon 6 for a city judge to accept private employment to appear before the city council to seek amendment of a zoning ordinance.
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Legal ethics opinions from the Texas Professional Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.