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 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 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 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 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 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 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 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…
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 who is also a state senator or representative note that office on his professional card?
The Committee held unanimously (7-0) that a lawyer may not state on his professional card that he is a State Senator or State Representative; such a reference would violate Canon 39.
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 print marketing slogans, like 'Wills save worry, contracts save rights,' on the back of a professional card?
The Committee held unanimously (7-0) that printing 'Safety thoughts' slogans such as 'Wills save worry' and 'Contracts save rights' on the back of a professional card violated Canons 24 and 39.
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.