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 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.
In a subrogation suit, can the liability insurer's lawyer pressure the insured against his own interest, and can the lawyer deal directly with the nominal plaintiff?
Only with full disclosure as to the insured. The Committee held (8-2) the lawyer may not warn the insured of policy cancellation without full disclosure and a suggestion to get his own counsel, and un…
Can a lawyer the victim consulted about serving as special prosecutor later defend the accused in the same criminal case?
No. The Committee concluded (8-0) that a lawyer whom the prosecuting witness consulted about serving as special prosecutor, and who learned her version of the facts, may not later accept employment as…
Can a lawyer oppose a party in a divorce-decree dispute when his new law partner originally represented that party in the divorce?
No. The Committee unanimously concluded (10-0) that it would violate Canon 6 for the lawyer to take the matter, because his partner had represented the opposing party in obtaining the original decree,…
Can a lawyer act as advocate in a child custody case when his law partner earlier presided over the matter as a judge?
No. The Committee concluded (8-2) that it would violate Canon 33 for a lawyer to act as advocate in a child custody case when his partner had previously acted in a judicial capacity in the same matter…
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 the plaintiff's lawyer in a garnishment also file the answer for the garnishee bank?
Only with consent. The Committee unanimously concluded (10-0) that the plaintiff's lawyer would violate Canon 6 by filing an answer for the garnishee without the consent of all concerned after full di…
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 a lawyer hired by creditors to open an estate administration also collect a fee from the estate for recovering one of its assets?
Yes, on these facts. The Committee held (9-0) that a lawyer employed by creditors to take out an administration and collect their claims may take fees from the creditors and also a fee from the estate…
Can a lawyer who drafts a client's will be named in it as executor and estate attorney, and can the lawyer also be named a beneficiary?
The Committee held (9-0) that a drafting lawyer may be named executor and attorney for the estate if no pressure is brought on the client and the appointments reflect the client's true desire, but hel…
After a court-appointed attorney ad litem loses for absent defendants, can the same lawyer be hired by those defendants to reopen the judgment?
Yes. The Committee held (9-0) that a court-appointed attorney ad litem for nonresident defendants who, after judgment, is contacted by them and given evidence defending against the limitation claim ma…
Can a lawyer who represents a decedent's estate also file a third party's claim against that estate and seek a fee from the estate for collecting it?
No. The Committee held (9-0) that an attorney representing a decedent's estate may not file a claim for a third party against that estate and request an attorney's fee from the estate for collecting i…
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…
If two partners separately took on opposite sides of the same dispute without knowing it, can the firm keep representing one side?
No. The Committee held (7-2) that where two partners separately consulted with and accepted employment from opposing parties to a dispute, each ignorant of the other, the firm should withdraw from bot…
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 …
When is a lawyer disqualified by conflicting interests among an executor, a note's maker, and defendant legatees in a suit to interpret a will?
The Committee found multiple disqualifying conflicts (all 9-0): the executor's chief counsel, who also represents the note's maker, must recuse; a firm member is no better positioned; counsel for thos…
Can a lawyer sign as surety on a bail bond for a felony defendant, whether a client or a friend?
The Committee held (6-1) that a lawyer becoming surety for individuals indicted for felonies, whether for his own clients or as a friend, was not a violation of the law or any Canon. The opinion is ov…
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 one lawyer defend both drivers charged after a collision, even if they have settled their dispute with each other?
The Committee held (9-1) that one attorney may not defend both drivers charged with negligent collision, even after the drivers amicably settled, because their positions necessarily conflict, violatin…
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 lawyer who represented one heir in a will contest later represent the administrator of the estate's residue?
The Committee held unanimously (10-0) that a lawyer who represented one of sixteen heirs in a will contest should not accept employment by the administrator of the residue estate where the administrat…
Can a lawyer demanding damages from the other driver also send her, under his son's name, an undisclosed solicitation to buy insurance from the son's agency?
The Committee split evenly (5-5) on whether the conduct violated Canon 6: half thought demanding damages from the other party and then signing the lawyer's son's name to an undisclosed insurance solic…
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 an insurance company's lawyer set up and handle a friendly suit to settle a minor's injury claim against the insurer when the claimant has no lawyer?
The Committee held (6-3) that the insurer's lawyer may not act as attorney for the claimants in a friendly suit against the company, but may prepare the papers for the adjuster, avoid contact with the…
If a workers' comp claimant asks the employer's lawyer whether to appeal the board's award, what can that lawyer say without breaching loyalty to the employer?
The Committee held (7-0) that the employer's attorney should disclose his position to the claimant, represent the employer with undivided fidelity without revealing its confidences, and, if the claima…
Can a justice of the peace who is also a lawyer practice criminal law in higher courts or in another county?
The Committee answered yes (6-1), but only where the matter has not been before him in any way in his capacity as justice of the peace, and a majority added that it would be highly preferable for the …
If a lawyer also serves as a court clerk, what legal work can he do, and can he split fees with another lawyer on court matters?
The Committee held unanimously (7-0) that a lawyer who is the clerk of a court of record may do only office practice with no connection, direct or indirect, to court proceedings, and that dividing fee…
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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.