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 firm keep a deceased partner's name in its firm name and on its letterhead, and for how long?
The Committee concluded that a firm may keep a deceased partner's name in its firm name and letterhead, with a suitable indication that the partner is deceased, if it accords with local custom and wor…
Can a lawyer run a Texas Bar Journal notice advertising that he handles "European claims"?
By a 6-3 vote the Committee concluded that a lawyer may not place a Texas Bar Journal notice that he handles European claims, because the majority found the Canon 42 exception applies only when the se…
Can a lawyer add the words "General Practice" to the sign on his office door?
The Committee concluded that a lawyer may not include the descriptive words "General Practice" on his office-door sign; a shingle should simply identify the person as an attorney without describing th…
Can a Texas law firm put a decorative emblem, like the goddess of justice holding the scales, on its letterhead?
The Committee concluded that an emblem on a lawyer's letterhead that is not self-laudatory and not calculated to solicit work is not forbidden by any canon, so it does not violate Canon 24; but the Co…
Can a lawyer let a business client identify him as the company's attorney in the company's newspaper advertisement?
The Committee concluded that a lawyer should not permit a savings institution, an automobile dealer, or a small loan company to identify him as its attorney in a newspaper advertisement, because such …
Can a lawyer whose office is hard to find put a directional sign a block away pointing to the office, and may it also name the lawyer's notary-public spouse?
The Committee concluded that both proposed signs would be unethical; a shingle belongs at the lawyer's office, not elsewhere, and adding the spouse's name, another profession, and "Notary Public" only…
Can a county's delinquent-tax attorney also represent one of the defendant landowners in the same tax-foreclosure matter, even with everyone's consent after full disclosure?
The Committee concluded that he may not; Canon 6 lets a lawyer represent conflicting interests only with consent after full disclosure, but it does not let one lawyer represent both a plaintiff and a …
Can a lawyer who drafts a will include a clause stating that the will was executed in duplicate originals and that the drafting attorney keeps one?
The Committee concluded that including such a clause violates Canon 24; it serves no legitimate purpose and the most likely reason for it is to solicit the probate of the estate.
Can a creditor's lawyer send a debtor a collection letter that offers settlement, truthfully says suit will be filed immediately, and encloses a copy of a petition prepared for filing?
The Committee concluded that the letter is not unethical, so long as its statements are true; Canon 9 would be violated only if a false statement, knowingly made, misled the unrepresented debtor.
Can a prosecutor write to the jurors after an acquittal to tell them about the defendant's record and the evidence the law kept out?
The Committee concluded that the letter was improper under Canon 29; writing jurors to suggest the law unjustifiably withheld relevant evidence, and to present excluded matter about the defendant's ch…
Can a lawyer be listed under an 'Attorneys' classification in a chamber of commerce business guide, or pay for a special listing in a city directory?
The Committee concluded that a lawyer should not permit his name in the classified 'Attorneys - Legal Services' listing of a chamber of commerce business guide, and should not pay a city directory for…
Can a Texas firm employ a lawyer admitted in another state, but not yet in Texas, to work as a law clerk and to prepare patent applications under his U.S. Patent Office license?
The Committee concluded that a Texas firm does not violate Canon 43 by employing such a lawyer to do law-clerk work under a Texas lawyer's supervision and to perform patent work authorized by his Pate…
Can two members of a law firm also run a separate oil partnership out of the same offices, when the oil firm does not feed legal work to the law firm?
The Committee concluded that the arrangement does not by itself violate any Texas Canon, provided the lawyers are not advertised as lawyers in connection with the oil firm and the oil firm is not used…
Can a lawyer who serves on a city zoning board of adjustment represent clients before the planning commission and city council on matters outside the board's work?
The Committee concluded that a lawyer who acts with propriety and good judgment may serve on a city zoning board of adjustment and also represent clients before other city boards and the city council …
Can a lawyer who writes a letter to a newspaper identify himself as a lawyer, or is that improper advertising?
The Committee concluded that a lawyer generally should refrain from identifying himself as a lawyer in a published letter; doing so is unethical when the purpose or effect is indirect advertising or s…
If a law firm partner is the city's mayor, can other members of the firm represent clients before the city's corporation court whose judge the city commission appoints and can remove at will?
The Committee concluded that no member of the firm may represent clients before the city's corporation court, because the mayor's disqualification under Canon 6 is imputed to the whole firm where the …
Can a lawyer file a lis pendens against a parcel of land when he knows the client has no lien on or valid claim to it, in a suit asserting no lien?
The Committee concluded that, if the lawyer knows the client has no lien on or valid claim to the land, filing a lis pendens merely to cloud title is improper; on that assumption it amounts to abuse o…
Can a lawyer rent space in a shared-office building where non-lawyer tenants use the same receptionist, secretarial pool, and library?
The Committee concluded that renting such shared offices is not unethical, provided nothing on shingles or door signs improperly suggests the individual practitioners are a firm or that a lawyer and a…
Can a lawyer who serves as executor collect both executor's commissions and a separate attorney's fee for legal services to the estate?
The Committee concluded that, if Texas law permits it, collecting both a commission and an attorney's fee for services outside the executor's duties is not unethical, but it is unethical for the execu…
Can a full-time corporate staff lawyer who also does private practice put the corporation's name on his 'Attorney at Law' calling card?
The Committee concluded that he may not; when the card naming him as an attorney at law is used in his private practice, the corporation's name is extraneous self-laudation rather than a substitute fo…
Can a lawyer put the designation 'Proctor in Admiralty' on his letterhead?
The Committee concluded that he may not; the Texas Canons prohibit listing specialties on letterheads, and the ABA's 1961 amendment allowing a proctor-in-admiralty designation was an exception Texas h…
Can a lawyer buy, sell, or advertise the sale of a law practice that includes good will and an established clientele?
The Committee concluded that buying, selling, or advertising the sale of a law practice with established clientele is unethical under Canons 24 and 34, though advertising the library, office equipment…
Can a lawyer solicit real estate business for a friend who is a realtor, hoping to be hired to prepare the real estate papers?
The Committee concluded that soliciting business for a friend out of pure friendship does not violate the canons, but doing so in the hope of obtaining the legal work for himself is indirect solicitat…
Can a lawyer accept a fee from an insurance company in exchange for advising and encouraging his clients and friends to adopt the company's tax-saving insurance plan?
The Committee concluded that accepting and carrying out such an arrangement as submitted would violate one or all of Canons 6, 24, and 35; the plan is calculated to make the lawyer serve the insurer's…
Can lawyers who only share office expenses practice under a joint firm name like 'A, B and C, Attorneys at Law' if they are not actually partners?
The Committee concluded that it is unethical; a firm name on the door, stationery, cards, and phone listing indicates a partnership, and using it when no true partnership exists is a misleading firm n…
Can a lawyer employed full time as a bank's trust officer and vice president handle probate and other legal matters for the bank's customers?
The Committee concluded that he may not; doing so would be a clear violation of Canon 24 and would be certain or likely to violate Canons 32 and 6, especially in drafting wills and handling probate fo…
Can a law firm advertise its move to new offices and an open house in the newspaper or by mailed invitations, or let its contractors and furniture suppliers do so?
The Committee concluded that a law firm may not, directly or indirectly through contractors and suppliers, advertise to the public by newspaper or mailed announcements that an open house will be held …
Can an insurance company's salaried attorney also represent the insured for his deductible and his counterclaim in the same suit, and what conditions apply?
The Committee concluded that, on the bare facts, none of these arrangements is unethical per se, but the attorney must be candid with the court about whom he represents (Canon 19), may not use the sit…
If two lawyers share an office and use a joint 'Law Offices of A and B' letterhead, is one disqualified from a case because the other talked to and turned away the opposing party?
The Committee concluded that two lawyers who share an office and hold out under a joint 'Law Offices of A and B' letterhead are in a relationship so close that, even if they are not partners, the disq…
Can a law firm send mimeographed Christmas-party invitations on firm letterhead to its clients and their claims employees?
The Committee concluded that, although a firm may host an open house for clients and friends at Christmas, an invitation commercial in tone, here addressed to clients' (and possibly former clients') c…
Can a lawyer write to a juror after the verdict to defend himself and explain that defendants in injury cases are insured?
The Committee concluded that a lawyer's letter to a discharged juror violated Canon 24 because it contained self-laudation and indirect advertising and solicitation, and violated Canon 29 because it u…
Can a judge borrow money from lawyers who practice in his court, and can a lawyer lend money to a judge, under the Texas Canons?
The Committee concluded that a judge's borrowing from lawyers who practice before him, though it gives the appearance of impropriety, did not violate any Texas Canon because the ABA Judicial Canons ha…
Can a lawyer's radio announcement promoting a charity event mention that he will not be practicing law that day?
The Committee concluded that a lawyer who made a radio announcement urging the public to attend a charity golf tournament could not properly include the statement that 'We will not be practicing law n…
Can a lawyer who co-owns an office building call it the 'Lawyers Building' when it is built for only a limited number of lawyers?
The Committee concluded that calling a building the 'Lawyers Building,' where it was designed for only thirty to thirty-five lawyers and treated as a limited number, did not violate the minimum ethica…
Can a lawyer who is president of an abstract company let it issue certified 'Property Reports' on land titles without aiding the unauthorized practice of law?
The Committee concluded that an abstract company's use of a certified 'Property Report' form does not necessarily mean it is practicing law, but the form is so conducive to the unauthorized practice o…
Can the same lawyers represent both individual county commissioners and the county itself when a taxpayer sues to stop illegal expenditures?
The Committee concluded that, where a taxpayer sought to enjoin county commissioners from making illegal expenditures and the county was added as a defendant, the potential conflict between the commis…
Can a lawyer act as surety on a client's criminal bond without violating the rules against advertising and solicitation?
The Committee concluded that it is not unethical for a lawyer to act as surety on a client's criminal bond when there is no element of advertising, solicitation, touting, or serving as a 'feeder' for …
Can a lawyer admitted in both Texas and New York send an announcement card about opening a New York office in association with a New York lawyer?
The Committee concluded that an announcement card by a lawyer admitted in both Texas and New York, listing his Texas office and the New York address of his new association with a New York lawyer, was …
Can a lawyer who also works as a marriage counselor advertise his bar membership and legal training in ads for the counseling business?
The Committee concluded that when a lawyer is engaged in an independent activity that by its nature probably results in counseling another person on legal matters, for pay, he may not refer to being a…
Can a lawyer who does not practice criminal law serve as attorney-in-fact for a surety company that writes criminal bail bonds?
The Committee concluded that it is not per se unethical for a lawyer who does not practice criminal law to act as attorney-in-fact for a surety company that writes bail bonds, but it would violate Can…
Can a lawyer use his law-office letterhead for correspondence on behalf of a civic or non-profit organization he serves?
The Committee concluded that a lawyer may use his professional letterhead for correspondence relating to a non-profit or non-business association, and the line between proper and improper use is drawn…
Can a lawyer serve as chairman or a member of a church's Committee on Wills and Legacies without violating the rules on solicitation?
The Committee concluded that there is nothing unethical per se about a lawyer serving as chairman or member of a church's Committee on Wills and Legacies, and that such service is commendable; it caut…
Can a lawyer deposit client funds in his general account instead of a trust account if records are kept and the client is paid promptly?
The Committee concluded that strict compliance with Canon 10 and the better practice is to deposit any check or money in which a client has an interest into a trust account; depositing client funds in…
Can a lawyer represent an employee's workers' compensation claim and also represent both the employee and the employer against the third party who caused the same accident?
The Committee concluded that, provided the lawyer makes full disclosure of the facts bearing on possible conflicting interests, it is not improper under Canon 6 to represent an employee in his workmen…
Can a former assistant county attorney, and his law partner, defend a person the lawyer had handled as a prosecutor while in office?
The Committee concluded that no member of a law firm may represent a criminal defendant if one of the firm's members, while previously serving as an assistant county attorney, had handled or worked on…
Can a group of lawyers name the office building they own and occupy a 'Legal Clinic'?
The Committee concluded that the name 'Legal Clinic' may not properly be given to a building built and used by a group of attorneys as their office, because the name is close enough to advertising and…
Can a lawyer list in the yellow pages of a telephone directory for another town where he has no office, even if that town has no lawyers?
The Committee concluded that attorneys may not list in the commercial or yellow pages of a telephone directory of another town where they have no office, even if that town is in the same county, has n…
Can a lawyer volunteer, without pay, to represent a prisoner he believes was wrongly convicted, when he has no relationship with the prisoner?
The Committee concluded that it would be ethical for a lawyer to volunteer to represent a convicted person to show that he was unjustly convicted, provided the convicted person authorizes the represen…
Can a county bar association have its members mail State Bar educational pamphlets to their own clients in unmarked envelopes?
The Committee concluded that a county bar association may properly distribute educational pamphlets prepared by the State Bar of Texas, and lawyers acting under its direction may mail them to their cl…
Can a Texas lawyer split a fee on a percentage basis with an out-of-state lawyer who forwarded the matter but is not licensed in Texas?
The Committee concluded that a forwarding fee may ethically be paid to an attorney not licensed in Texas, provided he is authorized to act as a forwarding attorney where he is acting; if his activity …
Can a lawyer belong to a Chamber of Commerce that lists members by occupation in its membership directory, including an 'Attorneys' section?
The Committee concluded that it is not unethical for a lawyer to belong to a Chamber of Commerce that lists its members by occupational classification in its membership directory, where the listing is…
Can a lawyer buy a paid professional-card listing in a college alumni magazine's business and professional directory?
The Committee concluded that it is unethical for a lawyer to publish any paid professional advertisement in an alumni magazine or newspaper, even in a section labeled 'Alumni Business and Professional…
Can a defense lawyer write directly to a represented plaintiff, copying the plaintiff's attorney, to request that the plaintiff submit to a physical examination?
The Committee concluded that defense counsel did not violate Canon 9 by writing a letter to the plaintiff with a copy to the plaintiff's attorney when the letter dealt only with the defendant's reques…
Can a lawyer try a case when a partner in the same firm, who drafted the disputed instruments, will be a material witness?
A majority of the Committee concluded that a lawyer may not ethically represent a client in a litigated matter in which the lawyer's law partner will appear as a material witness, because one firm mem…
Can a law firm own stock in a loan company that lends to its clients with pending claims and keep referring clients there?
The Committee concluded that a firm may invest in the stock of a loan company that lends to persons with pending damage-suit claims, and may continue referring clients who need to borrow to that compa…
May a Texas district judge publish a printed Christmas greeting in a local newspaper, and would the same be improper for a practicing lawyer?
The Committee concluded that district judges may publish printed Christmas greetings in their local newspapers, because a public official's recognized need to advertise permits it so long as it is not…
Can a lawyer entering private practice note on his announcement cards that he was a former Assistant United States Attorney?
The Committee concluded that a former Assistant United States Attorney may not include his former official position on a professional announcement card announcing his entry into private practice, beca…
If a lawyer accepts a case and only later turns out to be a material witness on a disputed fact, may his firm still try the case?
The Committee concluded that where a lawyer accepts employment with no knowledge that he will be a material witness, and a dispute arises before trial about facts on which he may have to testify, it i…
May a Texas district judge sign pleadings or act as counsel in a case, or solicit and refer business to the lawyer who took over his practice?
The Committee concluded that a district judge may not properly sign pleadings or act as counsel in a district court case (Article 319 bars a district judge from pleading as an attorney, and doing so v…
Is it improper under the Texas Canons for an individual lawyer to host a party, such as a fish fry, honoring a judge?
The Committee concluded that whether an individual lawyer may properly give a party honoring a judge is an open question that turns entirely on the lawyer's intent and the circumstances of his relatio…
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.