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 Texas lawyer sell selected clients a fill-in-the-blanks 'divorce kit' so they can represent themselves in an uncontested divorce for a reduced fee?
The Committee concluded that the proposed 'divorce kit' plan was improper, resting its objection on EC 3-7 because the kit would encourage rather than discourage self-representation; it found the plan…
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 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 suing a former client to collect an unpaid fee use confidential information learned during the representation?
The Committee concluded that when justice requires a lawyer to sue a client for a reasonable fee as a last resort, it is not unethical to use confidential information obtained from the client where cl…
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 take a contingent fee out of the part of a workers' comp settlement that represents the client's hospital bill?
The Committee concluded that it is unethical for the attorney to deduct and keep, from the hospital-bill portion of the settlement, any amount beyond the agreed fee, and unethical to retain a total fe…
Can a lawyer and a non-lawyer who serve as co-executors split the statutory executor's commission?
The Committee concluded that a lawyer and a non-lawyer serving as co-executors may divide the statutory executor's commission without violating Canon 31, so long as the lawyer's fee for legal services…
Can a Texas lawyer charge a contingent fee in a divorce case based on the property awarded to the client?
The Committee concluded that a written contingent-fee contract in a divorce case is not unethical in Texas, so long as Texas courts recognize such contracts as valid and the fee is not unreasonable; t…
Can a lawyer who serves as executor collect both executor's commissions and a separate attorney's fee for legal services to the estate?
The Committee concluded that, if Texas law permits it, collecting both a commission and an attorney's fee for services outside the executor's duties is not unethical, but it is unethical for the execu…
Can a lawyer accept a fee from an insurance company in exchange for advising and encouraging his clients and friends to adopt the company's tax-saving insurance plan?
The Committee concluded that accepting and carrying out such an arrangement as submitted would violate one or all of Canons 6, 24, and 35; the plan is calculated to make the lawyer serve the insurer's…
Can a lawyer take a guaranteed annual retainer from one client, work from that client's offices at the client's expense, and offset fees earned from other clients against the retainer?
The Committee concluded that a lawyer may accept a guaranteed annual retainer from a client, with the client furnishing office space and overhead, reduced by the net fees the lawyer earns from other c…
Can a lawyer named executor in a client's will probate that will, handle the estate, and charge a fee for the legal work?
The Committee concluded that, so long as the attorney did not solicit his own appointment, he commits no violation of the Canons by serving as the named independent executor (sole or co-executor), pro…
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 advance or lend living expenses to a contingent-fee client to keep the client from taking the case elsewhere?
No. The Committee concluded (8-0) that advancing or lending money to a client in order to obtain or hold employment violates Canon 24.
Can a lawyer hired by creditors to open an estate administration also collect a fee from the estate for recovering one of its assets?
Yes, on these facts. The Committee held (9-0) that a lawyer employed by creditors to take out an administration and collect their claims may take fees from the creditors and also a fee from the estate…
Can a lawyer who represents a decedent's estate also file a third party's claim against that estate and seek a fee from the estate for collecting it?
No. The Committee held (9-0) that an attorney representing a decedent's estate may not file a claim for a third party against that estate and request an attorney's fee from the estate for collecting i…
Can a lawyer's power of attorney include a clause where the lawyer agrees to bear all costs and expenses of any investigation and litigation?
No. The Committee held (8-1) that a power of attorney in which the lawyer assumes full responsibility and liability for all costs and expenses of any necessary investigation and litigation violates th…
Can a lawyer use a written prepaid retainer agreement for ongoing consultation and advice, with defined limits on the services covered?
The Committee held unanimously (9-0) that an attorney may use a written retainer agreement employing him for a stipulated advance fee to consult and advise a client, where the agreement defines which …
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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.