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 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 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 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 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 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 take an insurer's subrogated claim on contingency, and also handle the insured's own deductible portion of the same claim?
Yes to the subrogated claim; the insured's portion needs the insured's request and consent. The Committee held (10-0) a lawyer may handle subrogated claims on contingency, and may also handle the insu…
Can a lawyer who knows of a person's unknown interest in a trust fund tell them and offer to represent them for a percentage?
He may tell them, but not solicit the work. The Committee held (9-0) that a lawyer should acquaint the person with the facts of his trust-fund interest, but making any suggestion as to employment, on …
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 mail a client a magazine article, either with a fee statement or alone in a business envelope, that the lawyer thinks the client should see?
No. The Committee held (9-0) that both enclosing a magazine article with a statement for services and mailing the article alone in the lawyer's business envelope are an indirect form of solicitation i…
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 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 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 tax lawyer mail regular clients a monthly tax newsletter covering Treasury and court developments?
Yes, with limits. The Committee held (5-4) that a tax-specializing lawyer may send monthly tax letters in his own envelopes to regular clients, provided distribution is limited to regular clients and …
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 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 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 lawyer list his name, phone number, and address in the classified directory of a newspaper?
No. The Committee held unanimously (9-0) that inserting an attorney's name, phone number, and address in the classified directory of a newspaper violates Canon 24.
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 serving as a union's regional legal-aid counsel take case intake forms from the union and write injured members offering to take their cases?
The Committee held unanimously (10-0) that the arrangement was improper: receiving union-supplied accident intake forms made the lawyer party to lay case-funneling, his letter offering assistance soli…
Can a lawyer run a newspaper classified ad offering income-tax return preparation and claiming to be a tax specialist?
The Committee held unanimously (10-0) that a newspaper classified ad reading 'Income Taxes / Be Safe, have your report made by a lawyer / Specialist income tax laws,' with the lawyer's address and pho…
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 Texas lawyer list their name, address, and phone number in a newspaper's classified 'Business Service Directory' section?
The Committee held by a 6-3 vote that a listing under a regular newspaper column headed 'Legal Directory' is proper, but the listing here, placed in the classified-ad 'Business Service Directory' sect…
Can a Texas lawyer run a newspaper ad offering to buy and sell real estate mortgage notes and arrange loans, with their name and contact information?
The Committee held unanimously (8-0) that a newspaper ad reading 'Real Estate mortgage notes bought and sold, business, residential, repair loans' with the lawyer's name, address, and telephone number…
Can a lawyer mail other lawyers a plan inviting them into a reciprocal referral society to exchange specialized cases for set fees?
The Committee held unanimously (9-0) that a circular letter soliciting lawyers and others to form a reciprocal referral society violated Texas Canon 24 and ABA Canon 27; solicitation of strangers and …
When a lawyer leaving public office puts out a newspaper notice that he won't seek re-election, can it praise his legal skills or hint at taking new clients?
The Committee held unanimously (7-0) that such a notice may factually report the lawyer's public service, but may not extol his professional attainments or ability, emphasize his special familiarity w…
Can a lawyer write and get paid for general legal articles in newspapers or trade journals, and can he be listed as a publication's free legal adviser?
The Committee held (6-1) that a lawyer may write and sell general legal articles for newspapers, magazines, or trade journals so long as he does not advise inquirers about their individual rights, but…
Can a lawyer advertise in the Texas Bar Journal that he is licensed before the Treasury Department and U.S. Tax Court and will handle tax work for other lawyers by mail?
The Committee held unanimously (7-0) that a Texas Bar Journal ad soliciting tax work by mail and stating that the attorney is licensed to practice before the Treasury Department and the U.S. Tax Court…
Can a Texas lawyer be listed in a regular newspaper column headed 'Legal Directory'?
The Committee held that a professional listing in a regular newspaper column headed 'Legal Directory' is not improper where it contains only the statements expressly allowed by Canon 39. The opinion h…
Can a Texas lawyer be listed in the classified section of a telephone directory?
The Committee held unanimously (7-0) that attorneys may be listed in the classified section of telephone directories, provided no advertising matter is included, consistent with ABA Opinion 241.
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…
Can a lawyer place a professional listing as a newspaper ad in a general section, next to commercial ads, rather than in a legal directory column?
The Committee held unanimously (7-0) that publishing professional listings as newspaper ads in a section not set aside for lawyers as a legal directory or legal guide, here next to a patent-medicine a…
Can a lawyer place an ad in the Texas Bar Journal offering other lawyers a statewide specialized appellate briefing and argument service?
The Committee held unanimously (7-0) that a Texas Bar Journal ad addressed to members of the bar offering a statewide specialized service in briefing and arguing civil appeals in state and federal cou…
Can a lawyer run a Texas Bar Journal ad to other lawyers touting his Spanish fluency and Latin-American experience and offering to handle their clients' matters abroad?
The Committee held unanimously (7-0) that a Texas Bar Journal ad to the bar soliciting Latin-American business, listing the lawyer's qualifications and citing 'the lawyers of Travis County' as referen…
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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.