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 act as surety on a criminal defendant's bail bond and then represent him, and can the lawyer's name appear on a jail bondsman list shown to prisoners?
The Committee concluded that a lawyer may act as surety on his client's criminal bond only if the attorney-client relationship already exists and he does so without notoriety amounting to indirect sol…
Can a lawyer let an association publish a bulletin telling its members he is available to handle their personal legal matters unrelated to the group's purpose?
The Committee concluded that an attorney may not knowingly allow an association to advertise to its members that he is competent and will advise them on their personal legal problems unrelated to the …
Can a former civil-section assistant DA defend people indicted after he left, for offenses committed while he worked there, if he never touched the criminal side?
A divided Committee concluded that a former civil assistant in a DA's office may represent a defendant where the indictment was returned after he left, even if the offense occurred during his tenure, …
Can a lawyer with a Juris Doctor degree call himself 'Doctor,' 'Dr.,' or 'J.D.' in letters, ads, and general communications?
The Committee concluded that, as a general rule, a lawyer may not use the titles 'Doctor' or 'J.D.' in any manner related to his identity or practice, as self-laudation under Canon 24, though he may s…
Can an in-house lawyer employed by one corporation also do legal work for its parent, subsidiary, and related companies?
The Committee concluded that a lawyer employed and paid by one corporation may render legal services to its parent, subsidiary, and related corporations, with no Canon 32 intermediary problem and no C…
Can a lawyer interview or take a statement from an employee of an adverse corporate party without opposing counsel's consent?
The Committee concluded that a lawyer may interview and take statements from employees of an adverse party without opposing counsel's consent if full disclosure is made, except that an employee whose …
Can a lawyer suing a former client to collect an unpaid fee use confidential information learned during the representation?
The Committee concluded that when justice requires a lawyer to sue a client for a reasonable fee as a last resort, it is not unethical to use confidential information obtained from the client where cl…
Can a lawyer running for elective office advertise the campaign, including the offices and memberships he holds, without violating the lawyer-advertising rules?
The Committee concluded that a lawyer seeking elective public office may advertise the candidacy in publications of general or limited distribution if it is done in a dignified manner and not designed…
Can a lawyer let the client communicate directly with the represented opposing party about the dispute, and must the lawyer try to stop it?
The Committee concluded that a lawyer may not, without opposing counsel's consent, sanction the client's communication with a represented adverse party about the subject of the controversy, and must e…
In which telephone directories' yellow pages may a lawyer list the practice, and can a lawyer list in a suburb where there is no office?
The Committee concluded that a lawyer may be listed in the commercial (yellow) pages only in the city where the office is maintained, but may also be listed in a metropolitan-area directory that inclu…
Can a plaintiff's lawyer plead allegations about the defendant's liability insurance and its refusal to settle in the original petition?
The Committee concluded, by a 5-3 majority, that including improper allegations about the defendant's liability insurance and settlement negotiations in the plaintiff's original petition is a clear vi…
Can a lawyer be both a bank's trust officer and its attorney, handle legal work for the bank's customers, and keep a law office inside the bank?
The Committee concluded that a lawyer may serve as both attorney and Trust Officer for a bank but may not at the same time handle legal matters for the bank's customers or maintain an outside-practice…
Can a plaintiff's lawyer write directly to an unrepresented opposing party about a prospective claim, and what may the letter say?
The Committee concluded that a lawyer may ethically communicate with an unrepresented opposing party about prospective litigation so long as he does not mislead the party or advise him on the law or h…
Can a lawyer pay or validate the parking tickets of clients who visit the office?
The Committee concluded that a lawyer may validate clients' parking tickets, that is, pay their public parking fees, without violating the Canons, provided the lawyer does not identify himself as a la…
Can a lawyer who is also a state legislator list both 'Attorney at Law' and 'State Senator' on the office door and building directory?
The Committee concluded, by a 6-3 majority, that it is improper for a lawyer who is also a State Senator to place the title 'State Senator' alongside 'Attorney at Law' on his office door and building …
Can a county attorney or other public prosecutor also represent a private civil litigant in a case arising from the same accident or occurrence?
The Committee concluded that a public prosecutor (district, county, or city attorney) may not represent any party in a civil matter arising out of an occurrence that is also the subject of criminal in…
Can a lawyer who concentrates in tax work call himself a 'Tax Attorney' or advertise 'Tax Service' on a letterhead or card?
The Committee concluded that an attorney may not use 'Tax Attorney,' 'Tax Service,' or any similar specialized-practice designation on a letterhead, card, announcement, or directory, except approved l…
Can a lawyer take a power of attorney from a personal injury client that gives the lawyer full control to settle or dispose of the case?
The Committee concluded, by a 6-2 majority, that an attorney may not take from a personal injury client a power of attorney vesting in the lawyer absolute and unrestricted power to dispose of the case…
Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?
The Committee concluded that an attorney who edits or writes legal articles for a lay trade journal may be identified by name only, and may not permit publication of his picture, his identification as…
Can lawyers who practice before a judge contribute to, or solicit contributions for, the judge's campaign expenses?
The Committee concluded that attorneys may ethically assist judicial candidates with campaign expenses, either by direct contributions or by soliciting contributions, so long as there is no improper m…
Can a lawyer who serves as a probation officer also act as criminal defense counsel in felony cases in the same district?
The Committee concluded that an attorney who serves as a Probation Officer may not act as defense counsel in felony cases in his district, because the Probation Officer's primary duty is to the public…
Can the lawyer who defended a workers' compensation case later defend a third-party damage suit by the same injured plaintiff over the same accident?
The Committee concluded that if the compensation carrier paid benefits and therefore holds subrogation rights at stake in the damage suit, the lawyer and his firm are disqualified under Canon 6 by the…
Can a former judge later serve as a lawyer in the same cases he handled procedurally while on the bench?
The Committee concluded that it is unethical for a former County Judge to represent the State and County in appeals from Special Commissioners' awards in condemnation suits that originated during his …
Can a lawyer who is well known by a radio or TV stage name practice law under that assumed name, or legally change his name to it?
The Committee concluded that an attorney may not use any assumed name in the practice of law, because Canon 30 expressly prohibits it, and the majority further held that legally changing his name to c…
Can a county attorney's law partner, associate, or father defend criminal cases, and does court appointment versus private hire change the answer?
The Committee concluded that a County Attorney's disqualification from defending criminal cases extends to his partners and associates in all courts statewide, even in a civil-only practice, under Can…
Can a lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
The Committee concluded that a lawyer may not extend holiday greetings to the general public through radio spot announcements, newspaper advertisements, circulars, or other advertising media, because …
Can a lawyer pay to be listed under 'attorneys' in a commercial statewide classified directory that is not an approved law list?
The Committee concluded that a lawyer may not be listed as an attorney in a statewide commercial classified directory, because the directory is not an approved law list under Canon 39 and a purely com…
Can a lawyer let a company use his name and photograph in the company's newspaper advertising?
The Committee concluded that a lawyer may not knowingly permit an airline to use his name and picture in its newspaper advertising, because doing so violates Canon 24, and that if the use occurred wit…
Can a multi-state law firm open a Texas office under its existing firm name when some partners are not licensed in Texas, and can it mail cards announcing the office?
The Committee concluded that a firm whose partners are licensed in different states may keep its existing firm name on a Texas office, with a resident Texas-licensed partner, as long as all representa…
If a county attorney joins a private law firm, can the firm's other lawyers defend criminal cases, and can the firm list him as 'Civil Counsel' on the letterhead?
The Committee concluded that because a county attorney is statutorily barred from defending criminal cases, all members of his firm are likewise disqualified under Canon 6, and that designating him as…
Can a lawyer represent two clients with opposing interests arising from the same collision, and can a lawyer who left the plaintiff's firm later help defend the same suit?
The Committee concluded that a lawyer who represents a personal-injury plaintiff may not also represent the defendant driver in his workers' compensation claim from the same collision without the expr…
Can an insurance-defense firm give Christmas gifts or host entertainment for the claims adjusters and representatives of its insurance-company clients?
The Committee concluded that it could not answer categorically: whether gifts and entertainment for clients' claims adjusters amount to improper solicitation under Canon 24 or merely an expression of …
Is it unethical for a lawyer to advise a client charged with a crime to hide for a short time before surrendering?
The Committee concluded that whether advising a charged client to hide temporarily is unethical depends on whether the advice or the act advised violates the law: if the law forbids the advice or requ…
Can one lawyer represent both a minor's legal guardian and the minor's father in a single personal-injury suit when their recoveries may conflict?
The Committee concluded that it would be unethical for a lawyer to represent both the minor's legal guardian and the father in the same damage suit without the consent of both, because the lawyer's du…
If two lawyers on opposite sides of a pending case become law partners, can the plaintiff's lawyer keep handling the case?
The Committee concluded that a lawyer may not, without the defendant's consent, continue representing the plaintiff after becoming a partner with the lawyer who had earlier represented the defendant a…
Can a prosecuting attorney represent a city policeman in a civil overtime-wage suit when the same facts might require a criminal prosecution?
The Committee concluded that it would be unethical for a prosecuting attorney to represent a policeman in a civil overtime-wage suit against the City under statutes whose violation he might have to in…
Is it unethical for a lawyer to habitually charge less than the county or state minimum fee schedule?
The Committee concluded that habitually charging below a recommended minimum fee schedule does not by itself violate Texas Canon 11 on fixing fees, because the Texas canon omitted the ABA's minimum-fe…
Can a lawyer take a contingent fee out of the part of a workers' comp settlement that represents the client's hospital bill?
The Committee concluded that it is unethical for the attorney to deduct and keep, from the hospital-bill portion of the settlement, any amount beyond the agreed fee, and unethical to retain a total fe…
When someone brings a matter to the county attorney's office that the office can't handle, can the county attorney offer to take it privately, refer it out, or accept a referral fee?
The Committee concluded that a county attorney consulted in his official capacity may not offer to represent the person as a private lawyer (solicitation under Canon 24), may ethically refer the perso…
Can the plaintiff's lawyer later represent the defendant insured in a Stowers bad-faith suit against the insured's own carrier?
The Committee concluded that the plaintiff's attorney may represent the insured in a later Stowers suit against the carrier if the plaintiff's judgment has been satisfied, but not if it remains unsati…
Can a district attorney's law firm represent the surety in a county's civil suit over a misappropriation the DA first presented to a grand jury?
The Committee concluded that the firm of a district attorney who presented the misappropriation facts to a grand jury may not ethically represent the bonding company defendant in the county's later ci…
Can a lawyer who is a retired army officer put his military rank and retired status on his professional calling card?
The Committee concluded that a lawyer's professional calling card may not include his military rank and retired status, such as "Colonel John Doe, USA (Ret)," because that use of the title violates th…
Can a lawyer print practice areas like "Land Titles, Wills and Probate Matters" at the top of his letterhead?
The Committee concluded that a lawyer may not list specialties such as "Land Titles, Wills and Probate Matters" on his letterhead, because listing fields of practice that way is advertising prohibited…
Can lawyers run a paid newspaper ad endorsing a political candidate that identifies the endorsers as lawyers?
The Committee concluded that lawyers may publicly endorse candidates, and whether the ad may identify the endorsers as lawyers turns on whether their dominant purpose is to advertise themselves or to …
Can a lawyer let a church directory list his photo, home address, phone, and firm name when the directory carries no advertising?
By a 4-3 vote the Committee concluded that an attorney may permit a church-directory listing with his photograph, home address and phone, firm name, and business phone, where the directory goes only t…
Can a lawyer plead guilty to a traffic charge, pay the fine by check to the judge, then stop payment on the check after leaving?
The Committee concluded that a lawyer who pleaded guilty to speeding before an out-of-state justice of the peace, paid the fine by check, and then stopped payment on the check engaged in conduct that …
Can a lawyer serving as executor take a referral fee or split the fee of a law firm he hired to defend a will contest?
The Committee concluded that a lawyer acting as an estate's executor may not accept a referral fee or a division of the fee paid to a law firm he hired to defend the will, because he employed the firm…
Can a lawyer accept adoption cases when the placement agency hands prospective parents a circular naming him and his fee?
The Committee concluded that a lawyer violates Canon 24 if he permits or acquiesces in an adoption agency distributing a "Legal Adoption" circular naming him and his fee, or knowingly accepts employme…
Can a lawyer sue a defendant in a personal-injury case while the lawyer's firm represents that same person as a comp claimant from the same collision?
The Committee concluded that it is a clear violation of Canon 6 for a lawyer to prosecute a personal-injury suit against a defendant while the lawyer's firm represents that same defendant as a claiman…
Can the insurer's lawyer defend the insured in a damage suit and at the same time sue the insured for a declaratory judgment that the policy was canceled?
The Committee concluded by a 7-1 vote that an attorney violates Canon 6 by defending the insured under a non-waiver agreement in a collision damage suit while filing a separate declaratory-judgment su…
Can plaintiff's counsel deal directly with the insurance adjuster to settle a case, and can the defense lawyer consent to that?
The Committee concluded that plaintiff's counsel violates Canon 9 by negotiating directly with the defendant's adjuster without defense counsel's consent; defense counsel may consent in a workmen's co…
Can an assistant county attorney who handles the county's eminent-domain cases also privately represent property owners in condemnation cases the county is not part of?
The Committee concluded that, on the facts assumed, an assistant county attorney who handles the county's eminent-domain matters may also privately represent property owners in condemnation cases in w…
Can one attorney represent both a city and a school district in the same delinquent-tax suit?
The Committee concluded that one attorney representing two taxing agencies in a delinquent-tax suit is not a per se violation of Canon 6, because such dual representation does not necessarily involve …
Can a lawyer who once represented the wife in a dismissed divorce later represent the husband in a new divorce against her?
The Committee concluded that an attorney who represented the wife in a prior divorce action that was dismissed on reconciliation cannot ethically represent the husband in a later divorce suit against …
Can a lawyer and a non-lawyer who serve as co-executors split the statutory executor's commission?
The Committee concluded that a lawyer and a non-lawyer serving as co-executors may divide the statutory executor's commission without violating Canon 31, so long as the lawyer's fee for legal services…
Can a Texas lawyer charge a contingent fee in a divorce case based on the property awarded to the client?
The Committee concluded that a written contingent-fee contract in a divorce case is not unethical in Texas, so long as Texas courts recognize such contracts as valid and the fee is not unreasonable; t…
Can a lawyer put degree and certification initials like B.B.A., LL.B., and C.P.A. after his name on his letterhead?
The Committee concluded that a lawyer may not list "B.B.A., LL.B., C.P.A." on his professional letterhead, because that use is self-laudatory and holds him out as having special talents or qualificati…
Can a lawyer who is also a title-insurance agent hand out earnest-money contract forms branded with the title company and his name as agent?
The Committee concluded that a practicing lawyer who is also a title-insurance agent may not distribute to real estate agents earnest-money contract forms bearing a legend that the form is furnished b…
Can a registered U.S. Patent Attorney who is also a Texas lawyer advertise that specialty on his letterhead and in directories?
The Committee concluded that a registered U.S. Patent Attorney may hold himself out as a Patent Attorney in directories and the like to the extent his federal patent license permits, if he limits his …
Can a firm that represented both co-executors take one of them against the other once they disagree about settling the estate?
The Committee concluded that a law firm that represented both co-executors in the estate proceeding may not, when their interests diverge over settlement and distribution, represent one of them agains…
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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.