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 I practice law in my county's justice, county, and district courts while serving as an elected county commissioner?
The Committee concluded a lawyer who is an elected county commissioner violates Rule 1.06(b)(2) by representing private clients in the county's justice, statutory county, and district courts, because …
Does my firm have a conflict if we hire a lawyer who married into the family of a mid-level employee of a corporation we are suing?
The Committee concluded that, on these facts, a firm's hiring of a lawyer married to the daughter of a mid-level employee of an opposing corporation created no conflict under Rule 1.06(b)(2), because …
After leaving my old firm, can my new firm represent a party against a client my old firm represented while I was there?
The Committee concluded that a new firm formed by lawyers who left a firm representing one party may represent the opposing party in that litigation if doing so does not violate Rule 1.09(a); on these…
I represent the lender in a real estate closing. Can I prepare the seller's deed and bill the seller if the seller never asked me to and isn't my client?
The Committee concluded that a lender's attorney may prepare loan documents and be paid by the purchaser-borrower, but may not prepare a deed for the seller without the seller's request unless the att…
My firm runs and funds a foreign government's legal aid office for its nationals in Texas. Can we contact those nationals to solicit them, and can the office take a matter we're conflicted out of?
The Committee concluded the firm and the legal aid office may contact the foreign nationals as a 'qualified non-profit organization' under the DR 7.03(a) solicitation exception, but may not accept fee…
Can I sign up with a for-profit contract-lawyer placement agency that places me with firms for short-term projects and takes a cut of the billing?
The Committee concluded a lawyer may use a contract-lawyer placement agency if the lawyer safeguards client confidences, the lawyer and firm comply with the conflict rules, the lawyer is supervised by…
Can our corporation's in-house lawyer be loaned to provide legal services to a joint venture we're part of, without a conflict or unauthorized-practice problem?
The Committee concluded that an in-house lawyer loaned to a joint venture may represent it despite the potential Rule 1.06 conflict if the lawyer reasonably believes neither representation will be mat…
Can a law firm sue, or decline to sue, a father on behalf of his children when the firm has represented the father in related criminal, divorce, and estate matters, if the father waives the conflict but the children's guardian does not?
The Committee concluded the firm may not represent the children. The matters are substantially related and directly adverse, the representation would be adversely limited by the firm's duties to the f…
Can a law firm lease its lawyers and staff from a nonlawyer-owned employee leasing company that also leases lawyers to other firms, to get cheaper benefits?
The Committee concluded the arrangement does not involve improper fee-sharing (the leasing fee is fixed, not tied to the firm's billings) and is not the unauthorized practice of law (the leasing compa…
Can one lawyer represent both a driver and a passenger, or two injured co-plaintiffs, in a car-accident case, and what disclosures are needed?
The Committee concluded that joint representation of co-plaintiffs (such as a driver and passenger) is permitted under Rule 1.06(c) if the lawyer reasonably believes neither representation will be mat…
Can a lawyer who serves as a city commissioner defend criminal cases where the city's police investigated, were victims, or where the city judge issued the warrant, and can the lawyer's partner?
The Committee concluded that such representation creates a conflict under Rule 1.06(b)(2) between the lawyer's interests as a city commissioner and the client's interests, and the conflict is imputed …
After serving as a mediator, can the lawyer or the lawyer's firm later represent one of the parties to the mediation, or take a matter against that party?
The Committee concluded a mediator is an adjudicatory official under Rule 1.11. During the mediation, the mediator and firm may not represent for or against a party in any related or unrelated matter …
If a lawyer leaves a firm, can he later represent a party against someone his old partner once consulted, when he never personally got any confidences from that person?
The Committee concluded the departed lawyer may take the representation. Under Rule 1.09(c), a lawyer who leaves a firm without personally coming within Rule 1.09(a)'s restrictions is not vicariously …
Can a lawyer represent a wife in a divorce when the husband had a brief paid consultation with the same lawyer about divorcing her years earlier?
The Committee concluded the lawyer is disqualified. An attorney-client relationship existed from the husband's paid 1986 consultation (the confidentiality duty can attach to one who sought to employ t…
Can a personal-injury lawyer charge interest on loans to clients, refer clients to his own loan company, and co-own medical facilities his clients use?
The Committee answered all of the questions in the affirmative, but only on the narrow facts and only if none of the cited rules, comments, or prior opinions is violated. The arrangements implicate th…
If a jointly defended co-defendant turns hostile and hints he may change his testimony, can the firm share his recorded statement with the other parties, and must it withdraw?
The Committee concluded the firm may not disclose the former client's transcript to the insurer, the insured, or the other ex-employee. Only if the client actually moves to commit perjury may the firm…
Can a firm jointly represent an employer and employee co-defendants under an advance agreement that lets it share confidences and keep representing the employer if a conflict arises?
The Committee concluded the arrangement was permissible if the firm fully informed both clients of the implications before they signed. Consent to disclose confidential information under Rule 1.05(c)(…
Does a lawyer employed by a membership organization to help its members have a conflict of interest with the organization that pays him when referrals to outside counsel raise the organization's insurance costs?
The Committee concluded that no conflict exists where the organization neither instructs the lawyer to limit referrals nor interferes with the lawyer's judgment in handling member matters. Because the…
Can a personal injury lawyer own a stake in a lending company that loans money to the lawyer's clients, and pass the lender's interest charges on to the client as a case expense?
On the assumed facts, the Committee concluded an attorney may own an interest in a lending institution that loans to the attorney's personal injury clients, and may borrow from such an institution to …
If a prospective client gives a lawyer documents that are public record, can the lawyer's partner use that information against the prospective client for an existing client?
The Committee concluded the materials were not confidential. Because the documents were matters of public record, they were neither a 'confidence' (privileged information) nor a 'secret' under DR 4-10…
Can an associate who did no work and has no knowledge of a firm client interview with the opposing firm, and will that firm be disqualified if it hires him?
The Committee concluded it is not unethical for the associate to discuss employment with the opposing firm. The associate himself remains disqualified by imputation from representing the opposing clie…
When representing a client in a property dispute, can a lawyer take an ownership interest in the disputed property as security for the fee?
The Committee concluded that an attorney does not violate DR 5-103 by acquiring an undivided fee simple interest in disputed property if it is done in good faith and with the client's consent, treatin…
Can a lawyer prepare the deed and loan documents for both the seller and the buyer in a real estate deal without ever talking to them?
The Committee concluded that representing both parties on these facts would violate DR 5-105(A) and/or (B) unless the lawyer satisfies DR 5-105(C) by making full disclosure of the possible effect on h…
Can a law firm represent all the co-defendants in a lawsuit when one defendant is a firm member who is known to be a witness on disputed facts?
The Committee concluded that DR 5-101(B) bars the firm from accepting the representation of all four defendants where it is known before employment that the firm-member defendant will testify on conte…
Can a lawyer who is publicly listed as 'of counsel' to a firm sue that firm's partners on behalf of a former client of the firm?
The Committee concluded that it would be unethical for a lawyer publicly identified as 'of counsel' to a partnership to take on a former client's suit against the partners, because the 'of counsel' la…
If a government lawyer prosecuted a contempt motion for the wife, can the lawyer (or anyone else in the same office) later prosecute the wife on the same divorce decree?
The Committee concluded that the attorney who prosecuted the contempt motion for the wife may not later prosecute the wife on the same decree under DR 5-105(B), but that other attorneys in the county …
Can the lawyer who drafted and notarized a will keep representing the executrix and beneficiary once someone contests the will's execution and the testator's capacity?
The Committee concluded that the attorney who prepared and notarized the will may not continue to represent the Independent Executrix and sole beneficiary in a contest challenging the will's execution…
Can a lawyer who also serves as a part-time city judge defend someone accused of a crime when the city's police may testify in the case?
The Committee concluded that a part-time associate city judge should not represent a criminal defendant where the city's police are or may be potential witnesses, because his independent professional …
Can a law firm keep representing a bank in all its matters while suing another bank, once a single holding company comes to own both banks?
The Committee concluded that the firm may not continue representing Bank A on virtually all matters while suing Bank B once a single holding company owns both, because the firm would in effect be repr…
If a lawyer serves as county attorney, can the partners or associates in his firm defend criminal cases, at least in other counties?
The Committee concluded that no partner or associate of a county attorney may represent a criminal defendant in any case in any Texas court, because a county attorney is disqualified from being advers…
Can a Texas lawyer work for a collection agency and share in its fees, and can the lawyer own part of the agency while representing its creditor clients?
The Committee concluded that a lawyer may accept work from a collection agency only if no fees are split with the agency, the agency does not direct the legal work, and the lawyer acts for the credito…
Can a Texas lawyer representing a party in a real estate deal take a fee that is a percentage of the title insurance premium paid by the title insurer?
The Committee concluded that a lawyer may accept a percentage of the title insurance premium only for services actually rendered to the title company; because the arrangement makes the title company a…
Can a prosecutor in a criminal case call another prosecutor from the same district attorney's office to testify as a witness?
The Committee concluded that DR 5-102 applies to a district attorney's office and everyone practicing in it as though they were a single firm, so when a prosecutor in the office ought to be called as …
After a joint representation ends, can a lawyer reveal what one former co-client told him, and may the lawyer testify when that co-client later commits perjury against the other client?
The Committee concluded that the lawyer may not disclose the versions of the facts a co-client gave while the lawyer represented him, even after the relationship ends, but may disclose what the co-cli…
If a Texas lawyer personally posts a bail bond for a client, can the lawyer later go off the bond and have the client jailed?
The Committee concluded that it would violate the Code for a lawyer who personally posted a bail bond for a client he represents to go off the bond and cause the client to be jailed, unless the lawyer…
When a corporation's lawyer learns from an officer that the officer and other directors committed crimes against the company, must the lawyer tell the board, the shareholders, or the authorities, and is the conversation privileged?
The Committee concluded the answers turn on who the client is: the corporation is the client and past personal representation does not make the officer a continuing client, so if only the corporation …
Can a lawyer who serves as a city's mayor or council member practice in the municipal court or represent clients against the city or its police, and does the bar apply to the lawyer's partners?
The Committee concluded that a lawyer who is a mayor or city council member generally may not practice in the city's municipal court or represent interests adverse to the city or to its police officer…
Can a lawyer take a judgment for unpaid fees against his own client in the very case the lawyer is handling, and then enforce it?
The Committee concluded that a lawyer may not ethically use a judgment for his fee against his client to collect that fee in the same litigation in which he represents the client, and that vigorous en…
Can a lawyer represent his own law partner in a lawsuit when that partner will testify as a party-witness?
The Committee concluded that it is not improper for a lawyer to represent his law partner or associate in a suit where the partner is a party and will testify, but only because the partner is a party-…
Must a defense firm withdraw from a criminal case when a former assistant district attorney who prosecuted the case joins the firm, even if he agrees not to work on it?
The Committee concluded that the defense attorney should not continue representing the accused after a former assistant district attorney who participated extensively in the prosecution joins the firm…
Can a Texas lawyer hold a financial interest in a bail bond business that someone else operates?
The Committee concluded that it is not improper for a lawyer to hold a financial interest in a bail bond business if the lawyer does not participate in operating it and does not accept employment from…
Can a law firm take a case in which one of its partners may have to testify as a witness?
The Committee concluded that a lawyer should not accept employment in litigation when he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except in the limited c…
Can the lawyer who drafted a will, or the lawyer's secretary or relatives, serve as the attesting witnesses to that will?
The Committee concluded that it is not unethical for the drafting attorney, the attorney's employees, or the attorney's relatives to serve as witnesses to a will the attorney prepared, so long as the …
Can a law firm represent both a savings and loan association and the title insurance company that issues title policies to it, where firm members are the S&L's president and closing attorney?
The Committee concluded that, on the stated facts, a firm may represent both a savings and loan association and a title insurance company that issues title insurance to it because full disclosure was …
Can a lawyer accept 20% of a bail bond premium as a referral fee from the bonding company the lawyer sends clients to?
A divided Committee (6-3) concluded that a lawyer may accept a percentage of the bond premium for a referral only with full disclosure to the client and the client's consent; the bond premium is not a…
Can court-appointed counsel for an indigent defendant accept a partial fee from the defendant's family as well as the county's appointment fee?
The Committee concluded that court-appointed counsel may accept fees from the defendant's family as well as from the county, provided full disclosure is made to the defendant, the family, and the Cour…
Can a lawyer act as surety on a criminal defendant's bail bond and then represent him, and can the lawyer's name appear on a jail bondsman list shown to prisoners?
The Committee concluded that a lawyer may act as surety on his client's criminal bond only if the attorney-client relationship already exists and he does so without notoriety amounting to indirect sol…
Can a former civil-section assistant DA defend people indicted after he left, for offenses committed while he worked there, if he never touched the criminal side?
A divided Committee concluded that a former civil assistant in a DA's office may represent a defendant where the indictment was returned after he left, even if the offense occurred during his tenure, …
Can an in-house lawyer employed by one corporation also do legal work for its parent, subsidiary, and related companies?
The Committee concluded that a lawyer employed and paid by one corporation may render legal services to its parent, subsidiary, and related corporations, with no Canon 32 intermediary problem and no C…
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 county attorney or other public prosecutor also represent a private civil litigant in a case arising from the same accident or occurrence?
The Committee concluded that a public prosecutor (district, county, or city attorney) may not represent any party in a civil matter arising out of an occurrence that is also the subject of criminal in…
Can a lawyer take a power of attorney from a personal injury client that gives the lawyer full control to settle or dispose of the case?
The Committee concluded, by a 6-2 majority, that an attorney may not take from a personal injury client a power of attorney vesting in the lawyer absolute and unrestricted power to dispose of the case…
Can a lawyer who serves as a probation officer also act as criminal defense counsel in felony cases in the same district?
The Committee concluded that an attorney who serves as a Probation Officer may not act as defense counsel in felony cases in his district, because the Probation Officer's primary duty is to the public…
Can the lawyer who defended a workers' compensation case later defend a third-party damage suit by the same injured plaintiff over the same accident?
The Committee concluded that if the compensation carrier paid benefits and therefore holds subrogation rights at stake in the damage suit, the lawyer and his firm are disqualified under Canon 6 by the…
Can a former judge later serve as a lawyer in the same cases he handled procedurally while on the bench?
The Committee concluded that it is unethical for a former County Judge to represent the State and County in appeals from Special Commissioners' awards in condemnation suits that originated during his …
Can a county attorney's law partner, associate, or father defend criminal cases, and does court appointment versus private hire change the answer?
The Committee concluded that a County Attorney's disqualification from defending criminal cases extends to his partners and associates in all courts statewide, even in a civil-only practice, under Can…
If a county attorney joins a private law firm, can the firm's other lawyers defend criminal cases, and can the firm list him as 'Civil Counsel' on the letterhead?
The Committee concluded that because a county attorney is statutorily barred from defending criminal cases, all members of his firm are likewise disqualified under Canon 6, and that designating him as…
Can a lawyer represent two clients with opposing interests arising from the same collision, and can a lawyer who left the plaintiff's firm later help defend the same suit?
The Committee concluded that a lawyer who represents a personal-injury plaintiff may not also represent the defendant driver in his workers' compensation claim from the same collision without the expr…
Can one lawyer represent both a minor's legal guardian and the minor's father in a single personal-injury suit when their recoveries may conflict?
The Committee concluded that it would be unethical for a lawyer to represent both the minor's legal guardian and the father in the same damage suit without the consent of both, because the lawyer's du…
If two lawyers on opposite sides of a pending case become law partners, can the plaintiff's lawyer keep handling the case?
The Committee concluded that a lawyer may not, without the defendant's consent, continue representing the plaintiff after becoming a partner with the lawyer who had earlier represented the defendant a…
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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.