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.
No Texas Professional Ethics Committee opinions match these filters
Try a different search term or clear the filters.
Can a law firm lease office space from a nonlawyer landlord where the rent is a percentage of the firm's gross receipts?
The Committee concluded the arrangement is impermissible. Because a law firm's gross receipts are predominantly legal fees, percentage-of-gross-receipts rent is a sharing of legal fees with a nonlawye…
Can a lawyer leaving a firm agree, in exchange for periodic payments, not to practice for current or former firm clients, and can the firm keep using his name after he returns to practice?
The Committee concluded an agreement that restricts a departing lawyer's practice as a condition of post-termination retirement-type payments is permitted under Rule 5.06(a)'s retirement-benefits exce…
Can a personal injury lawyer own a stake in a lending company that loans money to the lawyer's clients, and pass the lender's interest charges on to the client as a case expense?
On the assumed facts, the Committee concluded an attorney may own an interest in a lending institution that loans to the attorney's personal injury clients, and may borrow from such an institution to …
Can a lawyer sell unpaid client legal bills to a factoring company to collect on them?
The Committee concluded a lawyer may not sell delinquent accounts receivable to a third-party factoring company unless each affected client has, after consultation, already consented to the disclosure…
If a prospective client gives a lawyer documents that are public record, can the lawyer's partner use that information against the prospective client for an existing client?
The Committee concluded the materials were not confidential. Because the documents were matters of public record, they were neither a 'confidence' (privileged information) nor a 'secret' under DR 4-10…
Can a lawyer supply magazines for a business's waiting room in plastic covers printed with the lawyer's name, address, and phone number?
The Committee concluded the arrangement would violate DR 2-103(C) as giving something of value to the business for an implied recommendation, unless the magazine cover either clearly states it is the …
Can a plaintiff's lawyer interview a corporate defendant's current employees about the events in the lawsuit without the corporation's lawyer's consent?
The Committee concluded the lawyer may not contact a corporate defendant's employee without opposing counsel's consent if the employee is an officer or managing employee, or if the employee's own act …
Can a law firm hire a public relations agency for a monthly fee to publicize its high-profile cases and offer its lawyers as media sources?
The Committee concluded that, in the narrow context described, hiring a public relations agency is not inherently deceptive or misleading and is permitted. The lawyer remains responsible for the agenc…
Can a law firm require a departing associate (or the associate's new firm) to pay it a percentage of fees later earned from former clients, and treat its clients as firm property?
The Committee concluded both are improper. An employment or partnership agreement requiring a departing lawyer to pay the former firm a percentage of fees later earned from former clients is a disguis…
Can a lawyer participate in or recommend that a client sign a contingent-fee contract with a medical-legal consulting firm that supplies expert witnesses?
The Committee concluded that an attorney who aids, assists, or permits a client to enter a contingent-fee contract with a medical-legal consulting firm that provides expert testimony violates DR 7-109…
Can a lawyer turn a client's bounced check for fees over to the district attorney, and warn the client by letter that the check will be prosecuted unless it is paid?
The Committee concluded that turning a client's dishonored check over to the district attorney is not unethical, because the lawyer is the victim of the crime, and a warning letter is permissible only…
Can a lawyer display a placard in an auto body repair shop alerting the public to the availability of legal assistance?
The Committee concluded that displaying a placard alerting the public to the availability of legal assistance in an auto body repair shop is a permissible form of professional advertising, so long as …
Can a lawyer who represents a civil plaintiff also help prosecute a criminal charge against the same defendant while the civil suit is still pending?
The Committee concluded that, on the facts presented, it would not be proper for the plaintiff's civil lawyer to assist in prosecuting a criminal charge against the same defendant while the civil suit…
Can a prosecutor try a criminal case when the complaining witnesses are other lawyers in the same district attorney's office?
The Committee concluded the prosecuting attorney should ask the court to appoint new counsel for the state, because DR 5-101(B) and DR 5-102(A) disqualify a lawyer whose office colleague will testify,…
Can an associate who did no work and has no knowledge of a firm client interview with the opposing firm, and will that firm be disqualified if it hires him?
The Committee concluded it is not unethical for the associate to discuss employment with the opposing firm. The associate himself remains disqualified by imputation from representing the opposing clie…
Can a lawyer who bills hourly offer a free half-hour consultation coupon in a coupon book that an advertising firm sells to the public?
The Committee concluded that a free-consultation coupon in a coupon book is advertising subject to DR 2-101, and that without further disclosure (the regular rate, that more time may be billed hourly,…
Can a lawyer who also serves as a municipal judge use the law firm's letterhead to communicate with litigants in the court over which he presides?
The Committee concluded that it is improper for a lawyer serving as a municipal judge to use his law firm's letterhead to communicate with litigants on municipal court matters, because the firm letter…
Do the fee-division rules that limit splitting a fee with an outside lawyer apply when a firm shares legal fees with a lawyer who is 'of counsel' to the firm?
The Committee concluded that DR 2-107(A) does not apply to a firm's sharing of legal fees with a lawyer who is publicly designated 'of counsel' and who has a regular, continuing, and substantial relat…
When representing a client in a property dispute, can a lawyer take an ownership interest in the disputed property as security for the fee?
The Committee concluded that an attorney does not violate DR 5-103 by acquiring an undivided fee simple interest in disputed property if it is done in good faith and with the client's consent, treatin…
Can a lawyer prepare the deed and loan documents for both the seller and the buyer in a real estate deal without ever talking to them?
The Committee concluded that representing both parties on these facts would violate DR 5-105(A) and/or (B) unless the lawyer satisfies DR 5-105(C) by making full disclosure of the possible effect on h…
Can a law firm represent all the co-defendants in a lawsuit when one defendant is a firm member who is known to be a witness on disputed facts?
The Committee concluded that DR 5-101(B) bars the firm from accepting the representation of all four defendants where it is known before employment that the firm-member defendant will testify on conte…
Can a lawyer take will-and-trust referrals from a financial planning organization and accept part of the fee paid by the organization?
The Committee concluded that, on these facts, an attorney does not violate the disciplinary rules by letting a financial planning organization recommend him to a member and accepting payment of part o…
Can a lawyer who is publicly listed as 'of counsel' to a firm sue that firm's partners on behalf of a former client of the firm?
The Committee concluded that it would be unethical for a lawyer publicly identified as 'of counsel' to a partnership to take on a former client's suit against the partners, because the 'of counsel' la…
Can a nonprofit legal aid office have clients agree that, if the client can't later be found, leftover trust funds may be used to help other needy clients?
The Committee concluded that it would not be unethical for an attorney operating a nonprofit legal service to ask a client to consent that unclaimed funds be used to help other needy clients, because …
Can a county bar association run a lawyer referral service just for university students, charge a small consultation fee, and let participating lawyers be hired by the students?
The Committee concluded that it is not unethical for a county bar association to operate a referral service limited to university students, to charge a reasonable consultation fee, or for a participat…
Must a lawyer reveal a client's fraud that happened before the lawyer was hired, and what must the lawyer do if the client may have to testify about it?
The Committee concluded that DR 4-101 imposes no duty to reveal a client's pre-representation fraud absent an exception, that DR 7-102(B)(1) is by its terms limited to fraud committed during the repre…
If a government lawyer prosecuted a contempt motion for the wife, can the lawyer (or anyone else in the same office) later prosecute the wife on the same divorce decree?
The Committee concluded that the attorney who prosecuted the contempt motion for the wife may not later prosecute the wife on the same decree under DR 5-105(B), but that other attorneys in the county …
Can a law firm put 'personal injury lawyers' on its letterhead and business cards, and what does it have to disclose about specialization and certification?
The Committee concluded that a firm may claim a specialty like 'personal injury lawyers' for the firm as a whole only if all of its lawyers actually practice in that area, the responsible Texas-licens…
Can the lawyer who drafted and notarized a will keep representing the executrix and beneficiary once someone contests the will's execution and the testator's capacity?
The Committee concluded that the attorney who prepared and notarized the will may not continue to represent the Independent Executrix and sole beneficiary in a contest challenging the will's execution…
Can a law firm hire a CPA to handle clients' tax work, including IRS and Tax Court appearances, without any supervision by one of the firm's lawyers?
The Committee concluded that it is not permissible for a law firm to employ a non-lawyer accountant to perform tax services directly for firm clients without a lawyer's supervision, because holding ou…
Can a law firm put its non-lawyer business administrator's name on the firm's outside sign?
The Committee concluded that a law firm may list a non-lawyer business administrator on its outside sign only if the person is designated as 'business administrator' and the sign also indicates that t…
Can a law firm put a legal assistant's name and certification on its letterhead if it also notes the person is a legal assistant and not licensed to practice law?
The Committee concluded that the Code does not prohibit an accurate and dignified listing of a legal assistant's name and any certification on the firm's letterhead, with a designation that the person…
Can a lawyer join a barter exchange that gives the lawyer's name to other members and keeps part of the lawyer's membership fees and trade credits?
The Committee concluded that an attorney may not participate in a barter exchange that provides the attorney's name to other members on request while the attorney pays the exchange membership fees and…
Can a lawyer who was famous in TV and radio under a stage name practice law under that stage name, or add it as an 'also known as' to his legal name?
The Committee concluded that the attorney must practice under his legal name and may not use the assumed name, because DR 2-102(A) prohibits practicing under a trade name or a name misleading as to th…
Can a lawyer charge a flat amount for a traffic-ticket case where the lawyer pays any fine out of that amount and keeps whatever is left?
The Committee concluded that an attorney may not enter into either fee arrangement, because the lawyer's net fee depends on the outcome of the case, making it a prohibited contingent fee in a criminal…
Can the lawyer who takes over a case pay the original lawyer, who was disbarred during the appeal, a share of the contingent fee or quantum meruit?
The Committee concluded that, where the original attorney was disbarred before completing a contingent fee contract, paying him on the contract or in quantum meruit would violate DR 3-102, because und…
Can a lawyer charge a non-refundable retainer, and can the lawyer always keep it?
The Committee concluded that a non-refundable retainer is not unethical per se, but a fee is not earned simply because it is labeled non-refundable; a true retainer that secures availability may be ea…
Can one lawyer in a district attorney's office defend a colleague from that office in a federal suit when a lawyer in the office will be a witness?
The Committee concluded that an attorney in a district attorney's office may represent a colleague who is the defendant if no office lawyer other than the defendant is expected to be a witness; but if…
Can a lawyer who also serves as a part-time city judge defend someone accused of a crime when the city's police may testify in the case?
The Committee concluded that a part-time associate city judge should not represent a criminal defendant where the city's police are or may be potential witnesses, because his independent professional …
Can a lawyer list up to three fields of law in a legal directory like Martindale-Hubbell without a board-certification disclaimer?
The Committee concluded that a lawyer may list in Martindale-Hubbell the fields of law to which the lawyer devotes considerable time, whether or not the lawyer is board certified in those fields, and …
Can a Texas lawyer pay a company to print the firm's name under a 'Lawyers' heading on plastic phone book covers and city maps mailed to new residents?
The Committee concluded that a lawyer may pay for such a listing only if recipients readily perceive it as paid advertising by the lawyer rather than a disinterested recommendation or an exclusive lis…
Can a Texas law firm put a non-lawyer private investigator's name, labeled 'investigator,' on its outdoor office sign alongside the firm name and the lawyers' names?
The Committee concluded that a firm may not include a non-lawyer independent-contractor investigator's name on its outdoor sign, because doing so would mislead readers into thinking the investigator w…
Can a Texas lawyer write an educational newspaper column on taxation that carries a board-certification disclaimer and gives no individual advice?
The Committee concluded that a lawyer may write such an educational newspaper column, with proper disclosure of the lawyer's name and a disclaimer of expert status, and that this activity is permitted…
Can a Texas lawyer advertise that he was formerly a military attorney, and does that claim require a board-certification disclaimer?
The Committee concluded that a former military-attorney job title related to legal experience may be included in advertising, but because it conveys the impression of expertise in an area of law not r…
Can a law firm keep representing a bank in all its matters while suing another bank, once a single holding company comes to own both banks?
The Committee concluded that the firm may not continue representing Bank A on virtually all matters while suing Bank B once a single holding company owns both, because the firm would in effect be repr…
Can a Texas law firm enforce non-compete or no-solicitation covenants against associates and partners who leave the firm?
The Committee concluded that it is improper, and a violation of DR 2-108, for a firm to use employment or partnership agreements that restrict a departing lawyer's right to practice law, including cov…
Can a Texas lawyer take part in the state's IOLTA program, remitting interest on pooled nominal client trust funds to a foundation for legal aid?
The Committee concluded that participation in the Texas Equal Access to Justice Program does not violate the Code of Professional Responsibility, because the interest on nominal or short-held client f…
Does mailing a lawyer's obviously mass-produced brochure to named addressees count as direct solicitation or as ordinary advertising?
The Committee concluded that an obviously mass-produced brochure does not become a solicitation communication merely because it is mailed to named addressees; it remains advertising governed by DR 2-1…
If a lawyer serves as county attorney, can the partners or associates in his firm defend criminal cases, at least in other counties?
The Committee concluded that no partner or associate of a county attorney may represent a criminal defendant in any case in any Texas court, because a county attorney is disqualified from being advers…
Can a Texas lawyer advertise academic degrees and areas of study, non-legal board certifications, and example case types under a practice-area heading?
The Committee concluded that all of this information may be advertised, but to avoid misleading the public, non-legal certifications must be stated in plain factual terms without elaboration, and any …
Can a Texas lawyer work for a collection agency and share in its fees, and can the lawyer own part of the agency while representing its creditor clients?
The Committee concluded that a lawyer may accept work from a collection agency only if no fees are split with the agency, the agency does not direct the legal work, and the lawyer acts for the credito…
Can a Texas lawyer pay to be listed, with qualifications, in a local law directory promoted to consumers as a way to pick an attorney?
The Committee concluded that a lawyer may pay to be listed in a law directory or law list promoted to consumers, and the list need not be approved by any bar organization, so long as the information c…
Does pleading a specific dollar amount for unliquidated damages, contrary to Texas Rule of Civil Procedure 47(b), violate a Texas lawyer's ethics obligations?
The Committee concluded that intentionally or habitually pleading a dollar amount for unliquidated damages violates Rule 47(b) of the Texas Rules of Civil Procedure, and that such a violation of an es…
Can a Texas lawyer advertise legal services by mail, and can the lawyer send personalized direct-mail letters soliciting business from non-clients?
The Committee concluded that a mass mailing of advertisements or nonpersonalized letters is advertising in the public media, permissible under DR 2-101. Personalized direct-mail letters soliciting non…
Can a Texas lawyer mail non-clients a form letter offering to sell will forms with fill-in instructions while disclaiming any attorney-client relationship?
The Committee concluded that mailing such a letter is prohibited solicitation, not protected advertising, because it violates DR 2-103(D): it is likely to reach people unable to exercise reasonable ju…
Does a lawyer violate the ethics rules by issuing a written legal opinion to an employee organization that turns out to be wrong on the law?
The Committee concluded that a merely erroneous legal opinion is not itself a violation; the lawyer violates the Code only if he issued it knowing it recommended illegal conduct, in which case it is d…
Can a Texas attorney hold a client's file or property under a retaining lien when the client refuses to pay the fees owed?
The Committee concluded that an attorney may ethically assert a common-law retaining lien on a client's file after first making demand for unpaid fees, but only if the client's legal rights are not pr…
Can a Texas attorney join a barter association that takes a join-up fee, dues, and a percentage of trades, and guarantees members a level of business?
The Committee concluded that one-on-one bartering for legal services remains permissible, but joining a barter association that guarantees members business or refunds their fees, and takes a join-up f…
Can a Texas lawyer put a clause in a retainer agreement charging interest on attorney's fees that go unpaid past a set date?
The Committee concluded that nothing in the Code prohibits charging interest on an unpaid fee balance, and it approved charging reasonable interest as long as the charge is reasonable, complies with c…
Can a Texas lawyer representing a party in a real estate deal take a fee that is a percentage of the title insurance premium paid by the title insurer?
The Committee concluded that a lawyer may accept a percentage of the title insurance premium only for services actually rendered to the title company; because the arrangement makes the title company a…
Browse Texas Professional Ethics Committee opinions by topic
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.