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 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…
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…
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 list his out-of-state office in the yellow pages of a city where he has no office, under a heading like 'Patent Attorneys'?
The Committee concluded that a Texas lawyer may not list his name, Texas office address, and telephone number in the classified section of an Oklahoma City telephone directory, where he has no office,…
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 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 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 lawyer who has completely stopped practicing law advertise a different business and describe himself there as a licensed attorney?
The Committee concluded that an attorney who has withdrawn completely from the practice of law and renders no legal services may advertise another legitimate business and indicate, as a qualification …
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 use bold-face type for his listing in the classified or alphabetical section of a phone directory?
The Committee concluded that an attorney may not use bold face type in business listings in either the classified or alphabetical section of telephone directories; the practice violates Canon 24.
Can an out-of-state lawyer who is a Texas bar member but has no Texas practice list himself in Texas city phone directories?
The Committee concluded that a Louisiana-resident attorney who belongs to both the Louisiana and Texas bars but engages in no Texas practice may not list himself in the customary attorney telephone li…
Can a company run a newspaper ad featuring one of its directors who is a practicing lawyer, naming his law firm and his role on the board?
The Committee concluded that a savings and loan association may include in a newspaper advertisement a photograph of a practicing attorney who serves on its board, and may mention his status as a lawy…
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 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 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 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 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 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 …
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…
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 display or hand out photocopies of large settlement or jury-award checks to advertise results?
No. The Committee unanimously concluded (8-0) that making photocopies of sizeable settlement or award checks bearing the lawyer's name, exhibiting them in the office, or letting clients keep copies vi…
Can patent lawyers list their names in a telephone directory under a separate 'Patent Lawyers' heading in addition to the general 'Attorneys' listing?
No. The Committee unanimously (8-0) followed ABA Opinion 53 and held that a lawyer's telephone-directory listing is limited to one section under the general head 'Attorneys' or 'lawyers'; listing the …
Can a lawyer add a line to his telephone-directory listing stating that he is a member of a local bar association?
No. The Committee concluded (6-2) that listing 'Member [local] Bar Association' under a lawyer's name in the attorneys section of a telephone directory is improper advertising under Canon 24.
Can a lawyer use postage-meter slogans urging civic participation, like 'please vote' or 'Give to the Heart Fund,' without it being improper advertising?
Yes. A majority of the Committee (7-1) saw nothing improper in lawyers using postage-meter slogans that encourage civic participation, with most regarding the practice as praiseworthy rather than adve…
Can a lawyer run a classified newspaper ad asking 'Is it wise to settle?' and urging people who are sued or have a claim to seek a lawyer's advice?
No. The Committee concluded (7-1) that a San Antonio classified ad reading 'Is it wise to settle? If sued or have a claim, a lawyer's advice is helpful' violates Canons 24 and 25, applying its earlier…
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 be credited in a school annual or civic program as a contributor with a notation that he is an attorney?
Not with the lawyer notation. The Committee concluded (8-1) that adding a statement that the contributor is an attorney to a school-annual or civic-program acknowledgment is advertising barred by Cano…
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 county bar association run a newspaper 'Call Your Lawyer' advertisement urging accident victims to hire a lawyer?
No. The Committee concluded (9-1) that a county bar association's 'Call Your Lawyer' newspaper advertisement would violate Canon 24, which prohibits solicitation of professional employment, and Canon …
Can a patent attorney run a classified newspaper ad telling inventors to protect their inventions and giving his name and address?
No. The Committee unanimously concluded (10-0) that a classified newspaper ad directed to inventors, urging them to 'protect your invention by applying for patent' and giving a lawyer's name and addre…
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 write legal articles for a trade publication, and can the articles answer readers' individual legal questions?
The articles are allowed, individualized advice is not. The Committee concluded (9-1) that a lawyer may write articles of a legal nature for a trade publication, provided he does not advise inquirers …
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.
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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.