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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If two lawyers share an office and use a joint 'Law Offices of A and B' letterhead, is one disqualified from a case because the other talked to and turned away the opposing party?
The Committee concluded that two lawyers who share an office and hold out under a joint 'Law Offices of A and B' letterhead are in a relationship so close that, even if they are not partners, the disq…
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 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 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 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 entering private practice note on his announcement cards that he was a former Assistant United States Attorney?
The Committee concluded that a former Assistant United States Attorney may not include his former official position on a professional announcement card announcing his entry into private practice, beca…
Can a lawyer mail an office-move announcement card touting 'new and enlarged quarters' and his memberships in courts and civic organizations?
The Committee concluded that an attorney may not send an announcement card describing his removal to 'new and enlarged quarters' and listing memberships in specified court bars and civic organizations…
Can a lawyer list his memberships in the American, state, and local bar associations on his letterhead?
The Committee concluded that an attorney may not indicate on his stationery that he is a member of the American, state, and local bar associations; such a statement is self-laudation rather than clien…
Can two lawyers stay law partners when one of them is the County Judge and the other is the County Attorney of the same county?
The Committee concluded that it is generally improper for two lawyers to continue as partners when one is the County Attorney and the other the County Judge of the same county; because the judge's nam…
Can a Texas lawyer form a partnership with a District of Columbia lawyer under a joint firm name if the letterhead shows the out-of-state partner is in the Washington office?
The Committee concluded that a Texas lawyer may form a partnership with a lawyer admitted only in the District of Columbia under a firm name using both partners' names, provided the letterhead shows t…
Can Texas lawyers who have formed a new association run a newspaper notice announcing the association and one partner's change of office address?
The Committee concluded that lawyers may not cause a newspaper notice to be published announcing the formation of their new association or one lawyer's change of office address, because such a public …
How may a Texas lawyer announce an office move, name his office building, and sign published notices to estate creditors without improper advertising?
The Committee concluded that a lawyer may mail a simple office-move announcement (with a phone number) to regular clients but may not publish it in a newspaper, mail it to non-clients absent personal …
Does it violate the Texas Canons for a law review to identify a contributing lawyer-author by his firm name, in addition to his name and city?
The Committee concluded that the Canons of Ethics do not apply to a law review, which is a lay organization, so its author-identification policy is within its own discretion; a majority thought the be…
Can a tax lawyer run a newspaper ad and mail cards announcing his former Treasury and accounting-firm tax roles and his tax specialty?
The Committee concluded that both a newspaper advertisement and an announcement card stating that an attorney formerly served on an accounting firm's tax staff or with the U.S. Treasury Department and…
Can a law firm list a deceased partner's name on its own line in the phone directory, apart from the firm name?
The Committee concluded that a firm whose name contains a deceased partner's name may not list that deceased partner separately from the firm name in the yellow pages, and that no attorney may list a …
Can a lawyer print a Chamber of Commerce advertisement promoting his city on the back of his office envelopes?
Yes. The Committee concluded that placing a Chamber of Commerce community advertisement on the back of an attorney's office envelopes violates no Canon, though it added that the better course would be…
Can a lawyer print his name and 'Attorney at Law' on his personal bank checks?
Yes. The Committee concluded that printing an attorney's name with 'Attorney at Law' on his bank checks, or using a check-writer that imprints 'Attorney' below his name, is not soliciting employment a…
Can a county judge disqualify himself and then appear as a lawyer in his own court, and can he keep his name in a law firm whose partner practices before him?
No to both. The Committee concluded a county judge may not disqualify himself and then act as an attorney in a matter handled in his court before a special judge, and may not maintain a law partnershi…
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 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 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 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 …
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 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…
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 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 a lawyer's professional card describe him as a 'Personal Injury and Workmen's Compensation Lawyer'?
No. The Committee concluded (7-3) that a professional card describing the lawyer as a 'Personal Injury and Workmen's Compensation Lawyer' violates Canons 24 and 39, because those are not recognized sp…
Can a lawyer run a newspaper advertisement offering divorce and civil law services?
No. The Committee unanimously concluded (10-0) that a newspaper advertisement offering 'Divorce and Civil Law Services' violates Canon 39, which limits the publishing of professional cards to reputabl…
Can a lawyer list his name in bold-faced type in the alphabetical or classified section of a telephone directory?
No. The Committee concluded (8-0) that listing an attorney's name in bold-faced type in either the alphabetical or classified section of a telephone directory is a form of advertising in violation of …
Can a lawyer running for public office state 'Attorney at Law' on a political campaign card?
Yes. The Committee unanimously concluded (10-0) that a lawyer who is a candidate for county judge does not violate the Canons by using a campaign card stating his name, 'Attorney at Law,' and that he …
Can a law firm advertise an open house celebrating the opening of new offices?
Not by advertising it. The Committee unanimously concluded (10-0) that a firm may hold an open house for clients and friends, but advertising the event violates Canon 24's ban on solicitation by adver…
Can a lawyer help organize a collection agency, and can he call on prospective clients with a card touting his collection work?
The business is allowed, the in-person pitch is not. The Committee held (10-0) a lawyer may organize a collection agency or any legitimate business so long as he does not advertise himself as a lawyer…
Can a lawyer advertise a separate non-legal business he runs without violating the advertising rules?
Yes, within limits. The Committee concluded (9-1) that a lawyer may advertise a legitimate business he is engaged in, provided the advertisements do not, directly or indirectly, advertise him in his p…
Can a lawyer who works as an insurance claims representative put that title and the insurer's name on his professional card?
No. The Committee concluded (8-2) that a lawyer may not include on his professional card that he is a claim representative for a named insurance company; Canon 39 limits the card to the lawyer's name,…
Can a lawyer's law-list listing name several clients and add 'list of references on request'?
Yes. The Committee concluded (7-3) that a professional listing in a law list may include the names of six clients and the statement 'list of references on request' without violating Canon 39.
Can a lawyer who examines a title abstract stamp his firm name, address, and 'Attorney at Law, Examined by' on the abstract?
The Committee did not resolve it. The members split evenly (5-5) on whether stamping a firm name and 'Attorney at Law, Examined by' on a title abstract is advertising barred by Canon 24, leaving the q…
Can a lawyer list his name and address in the advertising section of a rural and suburban directory?
No. The Committee unanimously concluded (10-0) that listing a lawyer's name and address in the advertising section of a 'rural and suburban directory' violates Canon 24, which prohibits solicitation, …
Can a law firm let its name appear on manuscript covers used for abstract work put out by an abstract company a firm member owns?
No. The Committee unanimously concluded (10-0) that a firm may not permit its manuscript covers, showing the firm's name and location, to be used on abstract supplements and other work furnished by an…
Can a lawyer state 'Tax Practice Exclusive' or a list of exclusive tax practices on his card or letterhead?
Yes. The Committee concluded (10-1) that a lawyer may carry 'Tax Practice Exclusive,' or 'State and Federal Income, Estate and Inheritance Tax Practices (Exclusive),' on his card or letterhead without…
Can the statutory newspaper notice to estate creditors include a line naming the attorney who represents the estate?
Yes. The Committee concluded (6-3) that the statutory notice to creditors of an estate may, in addition to the information the statute requires, include a line giving the name of the attorney who repr…
Can a lawyer mail an insurance company a reply card offering, at set fees, to prepare its annual statements, tax returns, and corporate filings?
No. The Committee held (9-0) that the reply card is a flagrant violation of Canon 24's bar on direct or indirect solicitation, and that justifying it as the work of an 'Insurance Consultant' would vio…
Can a lawyer list practice areas like 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card?
No. The Committee held (8-1) that listing 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card is too broad to qualify as the 'special branches' a card may note under Canon …
Can a lawyer put a 'tax service' card in a newspaper's legal directory, and can professional cards run in a newspaper at all?
The Committee held (8-1) that a lawyer may insert 'tax service' in a card in a 'Legal Directory,' but that professional cards may not be published in a newspaper, because the State Bar had resolved in…
Can two lawyers who each keep their own clients use a joint firm name like 'Smith and Jones' if they are not actually partners?
No. The Committee held (6-3) that lawyers may not hold themselves out as partners when they are not, finding the practice a violation of Texas Canon 30 and ABA Canon 33 as interpreted in ABA Opinions …
Can a Texas firm keep offices in several cities, list a non-Texas-licensed partner, and run separate per-city Martindale-Hubbell sketches for all its members?
The Committee held that a firm may maintain offices in several Texas cities and may list a partner or associate not licensed in Texas under stated conditions, but (8-1) may not carry separate Martinda…
Can a lawyer who is listed under 'Attorneys' in the yellow pages also take a separate 'Title Service' listing soliciting title insurance?
No. The Committee held (9-0) that a lawyer listed under 'Attorneys' in the telephone yellow pages may not also carry a 'Title Service' listing giving his name and soliciting title insurance, finding i…
Can a lawyer run a newspaper card with his name, address, phone, and a note that he has practiced in the area for 25 years?
No. The Committee held (9-0) that publishing such a card in a local newspaper violates Canon 24's bar on solicitation and Canon 39, which limits cards to reputable law lists and directories and to sta…
Can a lawyer print a slogan like 'see an attorney first, and save' across the top of his professional card?
No. The Committee held (9-0) that printing 'If a deal is to be made where legal advice is needed see an attorney first, and save' in bold letters atop a professional card is unethical and violates Can…
Can a tax lawyer put 'tax service' on his letterhead, in a newspaper's professional directory, or elsewhere in a newspaper?
The Committee held (9-0 on each part) that 'tax service' may appear on a lawyer's letterhead and in a newspaper's professional directory, but that a tax-service card placed in any other portion of a n…
Can a firm list on its letterhead, as an associate, a lawyer licensed elsewhere but not yet admitted to practice in Texas?
No. The Committee held unanimously (9-0) that a firm may not carry on its letterhead, as an associate, a person licensed in another jurisdiction and before the U.S. Patent Office but not yet admitted …
Can a law firm put large neon signs with the lawyers' names on the outside of its office building?
The Committee held unanimously (9-0) that two neon signs on a downtown corner building, with two-foot lettering extending 10 to 12 feet along the side, constituted commercial advertising in violation …
Can a lawyer share office space with an abstract and title company and do all of the company's legal work?
The Committee held (7-2) that, on the sparse facts presented, a lawyer may share quarters with an abstract and title company, show his name on the window and in the directory at the company's address,…
Can a lawyer put a modest neon sign with his name and phone number over the entrance to his suburban office?
The Committee held by a divided vote (6-4) that a neon sign about 5 feet long and 2 feet high, showing the attorney's name and telephone number over the entrance to his office in a suburban shopping c…
Can a lawyer list deceased lawyer relatives and a 'lawyers since 1840' family lineage on his letterhead?
The Committee held (7-3) that listing deceased relatives, with dates and nicknames, on a letterhead violates the spirit of ABA Canon 27 (self-laudation) and Canon 29 (dignity of the profession); membe…
Can a lawyer list his name and phone number in the yellow-pages 'Attorneys' section, including in nearby towns that have no lawyers?
The Committee held unanimously (10-0) that listing an attorney's name and telephone number under 'Attorneys' or 'Lawyers' in the classified (yellow-page) telephone directory is proper, and that the sa…
Can a lawyer publish a name-address-phone listing in a newspaper's 'professional directory' classified column?
The Committee held by majority (9-1) that publishing a bare name, address, and telephone listing (for lawyers other than patent, copyright, and admiralty practitioners) in a newspaper's 'professional …
Does a lawyer's name and 'Attorney at Law' in a dog-show catalogue stud-fee ad violate the advertising Canons?
The Committee held (9-1) that a dog-show catalogue ad soliciting stud fees that included the owner's name with 'Attorney at Law' did not violate the Canons, though it would have been better form and m…
Can a partnership announcement state that the firm's practice is restricted to certain fields like oil and gas, real property, corporations, and estates?
The Committee held (5-2) that an association announcement stating 'Practice restricted solely to matters concerning oil and gas - real property - corporations - estates' was improper and violated Texa…
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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.