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 lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?
The Committee concluded that a lawyer may not send Christmas cards imprinted with a law-office signature to clients or the general public, because that is public communication calculated to attract la…
Can lawyers run or take referrals from a lawyer referral service operated by a small association of lawyers rather than the general bar?
The Committee concluded that a lawyer may not participate in a lawyer referral service unless it is operated, sponsored, or approved by a bar association representative of the general bar of its geogr…
Can a local bar association publish a member roster that lists the field of law each member concentrates in, even if the member is not a certified specialist?
The Committee concluded that a local bar association representative of the general bar may publish a roster indicating each member's field of interest, provided it is distributed only to bar members o…
Can a lawyer list in the yellow pages of more than one telephone directory in a metro area, and what counts as a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Can a lawyer contract for yellow-pages listings in more than one telephone directory in a metro area, and what is a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Does an illuminated neon sign bearing a law firm's name near the office entrance violate the Texas Canons of Ethics?
The Committee concluded that the described neon sign would violate Canon 24, which prohibits direct and indirect solicitation; a law-office sign must be of modest size and serve to help a person find …
Can a district attorney use his official government stationery when handling his own private civil cases?
The Committee concluded that a district attorney should not use his official stationery in his personal civil practice, because doing so would be misleading and self-laudatory in violation of Canon 24…
Can a lawyer who also serves as a municipal judge put 'Judge' before his name on his professional business card?
The Committee concluded that a lawyer who is also a municipal court judge may not show the word 'Judge' before his name on his professional card; Canon 39 limits the card's contents and the added titl…
Can a lawyer display certificates for, or list, both an LLB and a JD when he earned only one law degree?
The Committee concluded that an attorney who earned only one law degree may not display certificates for both an LLB and a JD, and may not list both when summarizing his academic background, because d…
Can a lawyer accept a credit card to pay a fee, and may the lawyer display a decal or emblem showing that credit cards are accepted?
A divided Committee concluded that an attorney may honor a reputable credit card in payment of a fee, treating it like a check, but all members agreed that displaying an emblem, window decal, or desk …
Can a lawyer with a Juris Doctor degree call himself 'Doctor,' 'Dr.,' or 'J.D.' in letters, ads, and general communications?
The Committee concluded that, as a general rule, a lawyer may not use the titles 'Doctor' or 'J.D.' in any manner related to his identity or practice, as self-laudation under Canon 24, though he may s…
Can a lawyer running for elective office advertise the campaign, including the offices and memberships he holds, without violating the lawyer-advertising rules?
The Committee concluded that a lawyer seeking elective public office may advertise the candidacy in publications of general or limited distribution if it is done in a dignified manner and not designed…
In which telephone directories' yellow pages may a lawyer list the practice, and can a lawyer list in a suburb where there is no office?
The Committee concluded that a lawyer may be listed in the commercial (yellow) pages only in the city where the office is maintained, but may also be listed in a metropolitan-area directory that inclu…
Can a lawyer be both a bank's trust officer and its attorney, handle legal work for the bank's customers, and keep a law office inside the bank?
The Committee concluded that a lawyer may serve as both attorney and Trust Officer for a bank but may not at the same time handle legal matters for the bank's customers or maintain an outside-practice…
Can a lawyer pay or validate the parking tickets of clients who visit the office?
The Committee concluded that a lawyer may validate clients' parking tickets, that is, pay their public parking fees, without violating the Canons, provided the lawyer does not identify himself as a la…
Can a lawyer who is also a state legislator list both 'Attorney at Law' and 'State Senator' on the office door and building directory?
The Committee concluded, by a 6-3 majority, that it is improper for a lawyer who is also a State Senator to place the title 'State Senator' alongside 'Attorney at Law' on his office door and building …
Can a lawyer who concentrates in tax work call himself a 'Tax Attorney' or advertise 'Tax Service' on a letterhead or card?
The Committee concluded that an attorney may not use 'Tax Attorney,' 'Tax Service,' or any similar specialized-practice designation on a letterhead, card, announcement, or directory, except approved l…
Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?
The Committee concluded that an attorney who edits or writes legal articles for a lay trade journal may be identified by name only, and may not permit publication of his picture, his identification as…
Can a lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
The Committee concluded that a lawyer may not extend holiday greetings to the general public through radio spot announcements, newspaper advertisements, circulars, or other advertising media, because …
Can a lawyer pay to be listed under 'attorneys' in a commercial statewide classified directory that is not an approved law list?
The Committee concluded that a lawyer may not be listed as an attorney in a statewide commercial classified directory, because the directory is not an approved law list under Canon 39 and a purely com…
Can a lawyer let a company use his name and photograph in the company's newspaper advertising?
The Committee concluded that a lawyer may not knowingly permit an airline to use his name and picture in its newspaper advertising, because doing so violates Canon 24, and that if the use occurred wit…
Can a multi-state law firm open a Texas office under its existing firm name when some partners are not licensed in Texas, and can it mail cards announcing the office?
The Committee concluded that a firm whose partners are licensed in different states may keep its existing firm name on a Texas office, with a resident Texas-licensed partner, as long as all representa…
Can an insurance-defense firm give Christmas gifts or host entertainment for the claims adjusters and representatives of its insurance-company clients?
The Committee concluded that it could not answer categorically: whether gifts and entertainment for clients' claims adjusters amount to improper solicitation under Canon 24 or merely an expression of …
Is it unethical for a lawyer to habitually charge less than the county or state minimum fee schedule?
The Committee concluded that habitually charging below a recommended minimum fee schedule does not by itself violate Texas Canon 11 on fixing fees, because the Texas canon omitted the ABA's minimum-fe…
Can a lawyer who is a retired army officer put his military rank and retired status on his professional calling card?
The Committee concluded that a lawyer's professional calling card may not include his military rank and retired status, such as "Colonel John Doe, USA (Ret)," because that use of the title violates th…
Can a lawyer print practice areas like "Land Titles, Wills and Probate Matters" at the top of his letterhead?
The Committee concluded that a lawyer may not list specialties such as "Land Titles, Wills and Probate Matters" on his letterhead, because listing fields of practice that way is advertising prohibited…
Can lawyers run a paid newspaper ad endorsing a political candidate that identifies the endorsers as lawyers?
The Committee concluded that lawyers may publicly endorse candidates, and whether the ad may identify the endorsers as lawyers turns on whether their dominant purpose is to advertise themselves or to …
Can a lawyer let a church directory list his photo, home address, phone, and firm name when the directory carries no advertising?
By a 4-3 vote the Committee concluded that an attorney may permit a church-directory listing with his photograph, home address and phone, firm name, and business phone, where the directory goes only t…
Can a lawyer accept adoption cases when the placement agency hands prospective parents a circular naming him and his fee?
The Committee concluded that a lawyer violates Canon 24 if he permits or acquiesces in an adoption agency distributing a "Legal Adoption" circular naming him and his fee, or knowingly accepts employme…
Can a lawyer put degree and certification initials like B.B.A., LL.B., and C.P.A. after his name on his letterhead?
The Committee concluded that a lawyer may not list "B.B.A., LL.B., C.P.A." on his professional letterhead, because that use is self-laudatory and holds him out as having special talents or qualificati…
Can a lawyer who is also a title-insurance agent hand out earnest-money contract forms branded with the title company and his name as agent?
The Committee concluded that a practicing lawyer who is also a title-insurance agent may not distribute to real estate agents earnest-money contract forms bearing a legend that the form is furnished b…
Can a registered U.S. Patent Attorney who is also a Texas lawyer advertise that specialty on his letterhead and in directories?
The Committee concluded that a registered U.S. Patent Attorney may hold himself out as a Patent Attorney in directories and the like to the extent his federal patent license permits, if he limits his …
Can a lawyer run a Texas Bar Journal notice advertising that he handles "European claims"?
By a 6-3 vote the Committee concluded that a lawyer may not place a Texas Bar Journal notice that he handles European claims, because the majority found the Canon 42 exception applies only when the se…
Can a lawyer add the words "General Practice" to the sign on his office door?
The Committee concluded that a lawyer may not include the descriptive words "General Practice" on his office-door sign; a shingle should simply identify the person as an attorney without describing th…
Can a Texas law firm put a decorative emblem, like the goddess of justice holding the scales, on its letterhead?
The Committee concluded that an emblem on a lawyer's letterhead that is not self-laudatory and not calculated to solicit work is not forbidden by any canon, so it does not violate Canon 24; but the Co…
Can a lawyer let a business client identify him as the company's attorney in the company's newspaper advertisement?
The Committee concluded that a lawyer should not permit a savings institution, an automobile dealer, or a small loan company to identify him as its attorney in a newspaper advertisement, because such …
Can a lawyer whose office is hard to find put a directional sign a block away pointing to the office, and may it also name the lawyer's notary-public spouse?
The Committee concluded that both proposed signs would be unethical; a shingle belongs at the lawyer's office, not elsewhere, and adding the spouse's name, another profession, and "Notary Public" only…
Can a lawyer who drafts a will include a clause stating that the will was executed in duplicate originals and that the drafting attorney keeps one?
The Committee concluded that including such a clause violates Canon 24; it serves no legitimate purpose and the most likely reason for it is to solicit the probate of the estate.
Can a lawyer be listed under an 'Attorneys' classification in a chamber of commerce business guide, or pay for a special listing in a city directory?
The Committee concluded that a lawyer should not permit his name in the classified 'Attorneys - Legal Services' listing of a chamber of commerce business guide, and should not pay a city directory for…
Can two members of a law firm also run a separate oil partnership out of the same offices, when the oil firm does not feed legal work to the law firm?
The Committee concluded that the arrangement does not by itself violate any Texas Canon, provided the lawyers are not advertised as lawyers in connection with the oil firm and the oil firm is not used…
Can a lawyer who writes a letter to a newspaper identify himself as a lawyer, or is that improper advertising?
The Committee concluded that a lawyer generally should refrain from identifying himself as a lawyer in a published letter; doing so is unethical when the purpose or effect is indirect advertising or s…
Can a full-time corporate staff lawyer who also does private practice put the corporation's name on his 'Attorney at Law' calling card?
The Committee concluded that he may not; when the card naming him as an attorney at law is used in his private practice, the corporation's name is extraneous self-laudation rather than a substitute fo…
Can a lawyer put the designation 'Proctor in Admiralty' on his letterhead?
The Committee concluded that he may not; the Texas Canons prohibit listing specialties on letterheads, and the ABA's 1961 amendment allowing a proctor-in-admiralty designation was an exception Texas h…
Can a lawyer solicit real estate business for a friend who is a realtor, hoping to be hired to prepare the real estate papers?
The Committee concluded that soliciting business for a friend out of pure friendship does not violate the canons, but doing so in the hope of obtaining the legal work for himself is indirect solicitat…
Can lawyers who only share office expenses practice under a joint firm name like 'A, B and C, Attorneys at Law' if they are not actually partners?
The Committee concluded that it is unethical; a firm name on the door, stationery, cards, and phone listing indicates a partnership, and using it when no true partnership exists is a misleading firm n…
Can a law firm advertise its move to new offices and an open house in the newspaper or by mailed invitations, or let its contractors and furniture suppliers do so?
The Committee concluded that a law firm may not, directly or indirectly through contractors and suppliers, advertise to the public by newspaper or mailed announcements that an open house will be held …
Can a law firm send mimeographed Christmas-party invitations on firm letterhead to its clients and their claims employees?
The Committee concluded that, although a firm may host an open house for clients and friends at Christmas, an invitation commercial in tone, here addressed to clients' (and possibly former clients') c…
Can a lawyer write to a juror after the verdict to defend himself and explain that defendants in injury cases are insured?
The Committee concluded that a lawyer's letter to a discharged juror violated Canon 24 because it contained self-laudation and indirect advertising and solicitation, and violated Canon 29 because it u…
Can a lawyer's radio announcement promoting a charity event mention that he will not be practicing law that day?
The Committee concluded that a lawyer who made a radio announcement urging the public to attend a charity golf tournament could not properly include the statement that 'We will not be practicing law n…
Can a lawyer who co-owns an office building call it the 'Lawyers Building' when it is built for only a limited number of lawyers?
The Committee concluded that calling a building the 'Lawyers Building,' where it was designed for only thirty to thirty-five lawyers and treated as a limited number, did not violate the minimum ethica…
Can a lawyer act as surety on a client's criminal bond without violating the rules against advertising and solicitation?
The Committee concluded that it is not unethical for a lawyer to act as surety on a client's criminal bond when there is no element of advertising, solicitation, touting, or serving as a 'feeder' for …
Can a lawyer admitted in both Texas and New York send an announcement card about opening a New York office in association with a New York lawyer?
The Committee concluded that an announcement card by a lawyer admitted in both Texas and New York, listing his Texas office and the New York address of his new association with a New York lawyer, was …
Can a lawyer who also works as a marriage counselor advertise his bar membership and legal training in ads for the counseling business?
The Committee concluded that when a lawyer is engaged in an independent activity that by its nature probably results in counseling another person on legal matters, for pay, he may not refer to being a…
Can a lawyer who does not practice criminal law serve as attorney-in-fact for a surety company that writes criminal bail bonds?
The Committee concluded that it is not per se unethical for a lawyer who does not practice criminal law to act as attorney-in-fact for a surety company that writes bail bonds, but it would violate Can…
Can a lawyer use his law-office letterhead for correspondence on behalf of a civic or non-profit organization he serves?
The Committee concluded that a lawyer may use his professional letterhead for correspondence relating to a non-profit or non-business association, and the line between proper and improper use is drawn…
Can a lawyer serve as chairman or a member of a church's Committee on Wills and Legacies without violating the rules on solicitation?
The Committee concluded that there is nothing unethical per se about a lawyer serving as chairman or member of a church's Committee on Wills and Legacies, and that such service is commendable; it caut…
Can a group of lawyers name the office building they own and occupy a 'Legal Clinic'?
The Committee concluded that the name 'Legal Clinic' may not properly be given to a building built and used by a group of attorneys as their office, because the name is close enough to advertising and…
Can a lawyer list in the yellow pages of a telephone directory for another town where he has no office, even if that town has no lawyers?
The Committee concluded that attorneys may not list in the commercial or yellow pages of a telephone directory of another town where they have no office, even if that town is in the same county, has n…
Can a county bar association have its members mail State Bar educational pamphlets to their own clients in unmarked envelopes?
The Committee concluded that a county bar association may properly distribute educational pamphlets prepared by the State Bar of Texas, and lawyers acting under its direction may mail them to their cl…
Can a lawyer belong to a Chamber of Commerce that lists members by occupation in its membership directory, including an 'Attorneys' section?
The Committee concluded that it is not unethical for a lawyer to belong to a Chamber of Commerce that lists its members by occupational classification in its membership directory, where the listing is…
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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.