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-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 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 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 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 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 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…
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 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.
Can a lawyer who serves as a city alderman defend criminal cases in his own city's city court?
No. The Committee unanimously concluded (10-0) that it would violate Canon 6 for a lawyer who is a city alderman to accept employment in criminal cases before the city court of his city.
Can one lawyer in a firm represent a utility before a city council while a partner in the same firm serves as the city attorney?
No. The Committee held (9-0) that a firm member may not represent a public utilities company before a city governing body while another member of the same firm serves that body as its legal advisor, b…
Can a lawyer approach city officials to get a contract to collect the municipality's delinquent taxes?
No. The Committee held that a lawyer may not contact municipal officials to secure a contract to collect the city's delinquent taxes, finding it solicitation of business barred by Texas Canon 24 and A…
Can a city attorney also represent criminal defendants in courts other than the city's corporation court?
The Committee concluded (8-1) that a city attorney's practice of criminal law in courts other than the corporation court is permissible, and that representing defendants in cases where city police tes…
May a salaried county attorney also accept private civil clients who consult his office?
The Committee held (8-0) that a county attorney may not accept civil employment from someone who consulted him in his official capacity rather than for his private skill, and may not take civil cases …
May a county judge who is also a lawyer represent clients in justice and county courts in other counties?
The Committee held (8-1) that it is not unethical for a county judge to represent clients and friends in justice and county courts in counties outside his own county.
Can the law partner of a county attorney defend criminal cases in the district court of that same county?
The Committee held (7-3) that the law partner of a county attorney may not practice criminal law in the district court of the county where his partner is county attorney, even if limited to cases the …
Can a criminal district attorney prosecute a case against his own relative?
The Committee held unanimously (10-0) that a criminal district attorney may not prosecute a relative, because doing so offends the spirit of Canon 6 on adverse influences and conflicting interests; he…
If one partner in a law firm is the county attorney, can another partner defend someone being prosecuted for a felony in a different county?
The Committee held unanimously (9-0) that a lawyer who is county attorney in the county of the firm's domicile, and his partner, may not accept a retainer to defend a person being prosecuted for a cri…
Can a lawyer leaving the Attorney General's office run a newspaper announcement that he now practices privately, specializing in the matters he handled for the State?
The Committee held unanimously (7-0) that a newspaper announcement saying a lawyer formerly with the Attorney General's office or another State department is now in private practice specializing in ma…
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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.