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 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 buy, sell, or advertise the sale of a law practice that includes good will and an established clientele?
The Committee concluded that buying, selling, or advertising the sale of a law practice with established clientele is unethical under Canons 24 and 34, though advertising the library, office equipment…
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 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 employed full time as a bank's trust officer and vice president handle probate and other legal matters for the bank's customers?
The Committee concluded that he may not; doing so would be a clear violation of Canon 24 and would be certain or likely to violate Canons 32 and 6, especially in drafting wills and handling probate fo…
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 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 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 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 lawyer volunteer, without pay, to represent a prisoner he believes was wrongly convicted, when he has no relationship with the prisoner?
The Committee concluded that it would be ethical for a lawyer to volunteer to represent a convicted person to show that he was unjustly convicted, provided the convicted person authorizes the represen…
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…
Can a lawyer buy a paid professional-card listing in a college alumni magazine's business and professional directory?
The Committee concluded that it is unethical for a lawyer to publish any paid professional advertisement in an alumni magazine or newspaper, even in a section labeled 'Alumni Business and Professional…
Can a law firm own stock in a loan company that lends to its clients with pending claims and keep referring clients there?
The Committee concluded that a firm may invest in the stock of a loan company that lends to persons with pending damage-suit claims, and may continue referring clients who need to borrow to that compa…
May a Texas district judge publish a printed Christmas greeting in a local newspaper, and would the same be improper for a practicing lawyer?
The Committee concluded that district judges may publish printed Christmas greetings in their local newspapers, because a public official's recognized need to advertise permits it so long as it is not…
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…
May a Texas district judge sign pleadings or act as counsel in a case, or solicit and refer business to the lawyer who took over his practice?
The Committee concluded that a district judge may not properly sign pleadings or act as counsel in a district court case (Article 319 bars a district judge from pleading as an attorney, and doing so v…
Can a new bar group set up a members-only lawyer referral service and run radio ads touting a low consultation fee that undercuts an existing service?
The Committee concluded that a group of lawyers may organize a bar association, but it is improper to run that association's referral service for members only where an existing referral plan already o…
Can a lawyer handling an insurer's subrogation claim tell the insured his injury claim may be barred and offer to handle that claim too?
The Committee concluded that a lawyer handling an insurer's subrogation claim may give the insured notice that the litigation could affect the insured's personal-injury rights, but may not suggest or …
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 who owns an abstract company route title work between the company and his law practice, post his law sign under the company's sign, and let his name run in the company's newspaper ads?
The Committee concluded that 'feeding' law business between an attorney and an abstract company he owns or manages violates Canons 24 and 25; that his professional sign placed below the company's larg…
Can a Texas lawyer lend or advance money to a client, or guarantee the client's credit, when repayment depends on the outcome of the client's claim?
The Committee concluded that in Texas advancing or lending money to a client can be condemned only where it amounts to solicitation: it is improper before employment to obtain a case, and improper aft…
Can a bank require borrowers to use the bank's attorney for loan papers, can one lawyer represent both buyer and seller, and can the buyer's lawyer offer to prepare the seller's deed?
The Committee concluded that a bank may require its own attorney to prepare the mortgage and note (with the borrower's own counsel preparing other papers), that one lawyer may represent both buyer and…
Can a retired lawyer volunteer to defend indigent criminal defendants for free without violating the rules against solicitation?
The Committee concluded that a lawyer may properly volunteer free legal advice and assistance to the indigent and needy, so long as it is not done with the improper motive of self-advertisement, and f…
Can a lawyer buy a professional-card advertisement in the business directory of a charity event program, such as a Shrine Circus program?
The Committee concluded that a lawyer may not publish his professional card in the business and professional directory of a Shrine Circus program, because a professional card may be published only in …
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 …
Can a Texas lawyer send other local lawyers an office-opening announcement card stating 'General Civil Practice - Collections'?
The Committee concluded that a lawyer may not send other members of the local bar an office-opening announcement card stating he will engage in 'General Civil Practice - Collections,' because the 'col…
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 …
Can a Texas criminal-law attorney announce an office relocation in the newspaper or by sending notices to taverns and clubs?
The Committee concluded that an attorney may not place a newspaper notice announcing a change of office location or send change-of-location notices to business establishments such as taverns and clubs…
Can a law firm handle all the adoptions a charitable children's home places when the home requires adopting parents to use the firm it designates?
The Committee concluded that a law firm may properly accept and handle all or any of the adoptions of children placed by a charitable home, even though the home requires adopting parents to use the fi…
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 lawyer let the non-lawyer manager of his collection agency send solicitation letters touting the lawyer's collection record?
The Committee concluded that a lawyer who organized a separate credit and collection service may not let its non-lawyer manager solicit business through letters mentioning the lawyer's status, activit…
Can a lawyer mail other attorneys an offer to answer the docket call in their cases for a fee?
No. The Committee concluded that an attorney who mails members of the bar an offer to answer the call of the docket in their cases for a fee is soliciting professional employment and violates Canon 24…
Can a lawyer take work through a membership association that promises to furnish and pay for its members' legal services?
No. The Committee concluded that a lawyer who accepts employment through an automobile association that holds itself out to furnish legal services to its members violates Canons 24, 32, and 43, both f…
Can a bank's lawyer or attorney trust officer prepare wills for customers drawn in by the bank's trust-department advertising?
No. The Committee concluded that a bank lawyer or attorney trust officer who prepares wills for customers brought in by the bank's trust-department advertising violates the Canons of Ethics, finding v…
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 lawyer drafting a client's will insert a provision naming himself as counsel for the estate?
Only if the testator requests it. The Committee concluded that inserting a provision naming the drafting lawyer as estate counsel is ethical when the testator requests it without the lawyer's solicita…
Can a lawyer run a newspaper card listing his name, that he is an attorney, and his field of practice?
No. The Committee concluded that for an attorney to run a card in a newspaper showing his name, that he is an attorney, and his field of practice would be improper, citing Opinion 68.
Can a lawyer send clients Christmas cards that identify him as 'Attorney at Law' on the card or the envelope?
No. The Committee concluded that Christmas cards or envelopes identifying the sender as 'Attorney at Law' violate Canon 24, though a card and envelope stating only the sender's name, with no reference…
Can a lawyer buy a 'compliments' listing in a high-school football program that identifies him as an attorney?
A name-only listing is fine, but a listing identifying the person as 'Attorney at Law' violates Canon 24. A listing showing only a Criminal District Attorney's office does not violate the Canon if pub…
Is a lawyer responsible when newspapers report his courtroom successes, and when does that publicity become improper?
The Committee concluded that newspaper articles about a lawyer's case successes are not improper if written entirely by reporters from their own observation and court records with no input or control …
Can a lawyer solicit another lawyer for contingent-fee work to help on a specific case or to revive a lost one?
No. The Committee concluded that soliciting employment from another lawyer on a contingent basis, whether to assist in a specific case or to revive a case the other lawyer has lost and forgotten, viol…
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 …
Is it misconduct for a lawyer to slip a clause into a will, without the testator's knowledge, naming the lawyer's firm to represent the estate?
Yes. The Committee unanimously concluded that inserting a provision naming the drafting lawyer's firm to represent the estate, without the testator's request or knowledge, is fraudulent and dishonorab…
Can a building-and-loan association require its own law firm to prepare all loan papers even though the borrower wants his own lawyer?
Yes, on these facts. A majority concluded that a building and loan association may select its own attorneys and require them to prepare all loan papers, and the selected attorneys do not violate the C…
Can lawyers form and own a collection corporation, run by non-lawyers, to collect delinquent accounts owed to lawyers?
A majority concluded it is not improper for a lawyer to form and own stock in a corporation, managed by non-lawyers, formed to collect delinquent accounts owed to lawyers. The members divided sharply,…
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 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 office with a bail-bond company, sign under its bail-bonds sign, and be paid by the bondsmen to get habeas writs for their customers?
No. The Committee unanimously concluded that a lawyer who offices with a bail-bond company, places his small professional sign under the company's prominent bail-bonds sign, is employed by the bondsme…
Can a lawyer who practices criminal law also run, or have an interest in, a bail-bond business?
No. The Committee unanimously concluded that a lawyer who practices criminal law violates Texas Canon 24 by engaging in the business of making bail or other bonds in criminal cases, under his own or a…
Can a lawyer have his phone number listed in a city directory when the listing depends on subscribing to the directory in advance?
Yes. The Committee unanimously concluded that it is not a violation of the Canons for a lawyer to have his telephone number shown beside his name and address in a city directory, in both the alphabeti…
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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.