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 new bar group set up a members-only lawyer referral service and run radio ads touting a low consultation fee that undercuts an existing service?
The Committee concluded that a group of lawyers may organize a bar association, but it is improper to run that association's referral service for members only where an existing referral plan already o…
Can a lawyer testify about what a client told him in confidence when the client was planning, and then committed, a crime?
The Committee concluded that when a client reveals an intention to commit a crime and then commits it, the lawyer is not bound to respect the client's confidences and may testify to those facts, becau…
Can a lawyer give the opposing party a copy of a contract he drafted for his client, without the client's consent?
The Committee concluded that the Texas Canons neither prohibit nor compel a lawyer from furnishing the opposing lawyer a copy of a partnership contract he drafted for client X, without X's consent, be…
Can a lawyer handling an insurer's subrogation claim tell the insured his injury claim may be barred and offer to handle that claim too?
The Committee concluded that a lawyer handling an insurer's subrogation claim may give the insured notice that the litigation could affect the insured's personal-injury rights, but may not suggest or …
Can a plaintiff's lawyer write the unrepresented opposing party to explain the claim, his duty to his insurer, and the risk of an excess verdict?
The Committee concluded that a lawyer for an injured party may notify an unrepresented opposing party of a claim and suggest he seek counsel, but may not advise the tort-feasor as to the law and his s…
Can a lawyer list his out-of-state office in the yellow pages of a city where he has no office, under a heading like 'Patent Attorneys'?
The Committee concluded that a Texas lawyer may not list his name, Texas office address, and telephone number in the classified section of an Oklahoma City telephone directory, where he has no office,…
Can a lawyer mail an office-move announcement card touting 'new and enlarged quarters' and his memberships in courts and civic organizations?
The Committee concluded that an attorney may not send an announcement card describing his removal to 'new and enlarged quarters' and listing memberships in specified court bars and civic organizations…
Can a lawyer list his memberships in the American, state, and local bar associations on his letterhead?
The Committee concluded that an attorney may not indicate on his stationery that he is a member of the American, state, and local bar associations; such a statement is self-laudation rather than clien…
Can a lawyer sit as a city commissioner while his law partner represents clients with matters before that same commission?
The Committee concluded that one member of a law firm may not serve as chairman of the City Commission while his law partner accepts employment to represent clients with interests before the Commissio…
Can a lawyer who owns an abstract company route title work between the company and his law practice, post his law sign under the company's sign, and let his name run in the company's newspaper ads?
The Committee concluded that 'feeding' law business between an attorney and an abstract company he owns or manages violates Canons 24 and 25; that his professional sign placed below the company's larg…
Can two lawyers stay law partners when one of them is the County Judge and the other is the County Attorney of the same county?
The Committee concluded that it is generally improper for two lawyers to continue as partners when one is the County Attorney and the other the County Judge of the same county; because the judge's nam…
Can a lawyer suing or negotiating against a city deal directly with the City Council or City Manager instead of the city attorney?
The Committee divided equally (4-4) on whether a lawyer violates Canon 9 by negotiating directly with a City Council or City Manager rather than with the attorney representing the city, so it reached …
Can a lawyer who sits on a state commission defend a former client in a suit brought by the state, where the commission has no role in the matter?
The Committee unanimously concluded that a lawyer who is a member of the Texas State Highway Commission may defend his former client in a state suit for conspiracy to violate the Motor Carrier Act, be…
Can a lawyer take a guaranteed annual retainer from one client, work from that client's offices at the client's expense, and offset fees earned from other clients against the retainer?
The Committee concluded that a lawyer may accept a guaranteed annual retainer from a client, with the client furnishing office space and overhead, reduced by the net fees the lawyer earns from other c…
Can a Texas lawyer lend or advance money to a client, or guarantee the client's credit, when repayment depends on the outcome of the client's claim?
The Committee concluded that in Texas advancing or lending money to a client can be condemned only where it amounts to solicitation: it is improper before employment to obtain a case, and improper aft…
Can a defense lawyer send a represented plaintiff a copy of a letter to the plaintiff's attorney demanding a physical examination, even long after suit is filed?
The Committee concluded that defense attorneys may properly send plaintiffs copies of letters to plaintiffs' counsel requesting a physical examination by the defendant's physician, even well after sui…
Can a bank require borrowers to use the bank's attorney for loan papers, can one lawyer represent both buyer and seller, and can the buyer's lawyer offer to prepare the seller's deed?
The Committee concluded that a bank may require its own attorney to prepare the mortgage and note (with the borrower's own counsel preparing other papers), that one lawyer may represent both buyer and…
Can a Texas lawyer form a partnership with a District of Columbia lawyer under a joint firm name if the letterhead shows the out-of-state partner is in the Washington office?
The Committee concluded that a Texas lawyer may form a partnership with a lawyer admitted only in the District of Columbia under a firm name using both partners' names, provided the letterhead shows t…
Can a county attorney interview an arrested person in jail to decide whether to prosecute and to testify at trial, when someone else in the office tries the case?
The Committee concluded that a county attorney or assistant may see and talk with a jailed accused shortly after arrest in order to later testify, provided the accused has no attorney at the time, and…
Can a retired lawyer volunteer to defend indigent criminal defendants for free without violating the rules against solicitation?
The Committee concluded that a lawyer may properly volunteer free legal advice and assistance to the indigent and needy, so long as it is not done with the improper motive of self-advertisement, and f…
Can a lawyer buy a professional-card advertisement in the business directory of a charity event program, such as a Shrine Circus program?
The Committee concluded that a lawyer may not publish his professional card in the business and professional directory of a Shrine Circus program, because a professional card may be published only in …
Can Texas lawyers who have formed a new association run a newspaper notice announcing the association and one partner's change of office address?
The Committee concluded that lawyers may not cause a newspaper notice to be published announcing the formation of their new association or one lawyer's change of office address, because such a public …
Can a Texas lawyer send other local lawyers an office-opening announcement card stating 'General Civil Practice - Collections'?
The Committee concluded that a lawyer may not send other members of the local bar an office-opening announcement card stating he will engage in 'General Civil Practice - Collections,' because the 'col…
How may a Texas lawyer announce an office move, name his office building, and sign published notices to estate creditors without improper advertising?
The Committee concluded that a lawyer may mail a simple office-move announcement (with a phone number) to regular clients but may not publish it in a newspaper, mail it to non-clients absent personal …
May a Texas County Judge practice law in the County Court-at-Law, and can he keep handling probate matters pending in his own county court?
The Committee found that a County Judge's private practice before other courts is governed by statute (Art. 319, Civil Statutes; Arts. 402 and 403, Penal Code), not by any Canon, so it declined to res…
Can a Texas lawyer who prepared a partnership agreement and acted for both partners later represent one partner in a suit against the other?
The Committee concluded that an attorney may not represent one partner in a suit against the other arising out of the partnership where the lawyer prepared the partnership agreement, acted for both pa…
Can a Texas criminal-law attorney announce an office relocation in the newspaper or by sending notices to taverns and clubs?
The Committee concluded that an attorney may not place a newspaper notice announcing a change of office location or send change-of-location notices to business establishments such as taverns and clubs…
Can a county attorney privately defend an out-of-state father in a child-support contempt case when the only other local lawyer represents the mother and plans a criminal nonsupport prosecution?
The Committee concluded that a County Attorney, in his private practice, may not defend an out-of-state father in a civil contempt action for failing to support his children when the mother's attorney…
Can a lawyer who has completely stopped practicing law advertise a different business and describe himself there as a licensed attorney?
The Committee concluded that an attorney who has withdrawn completely from the practice of law and renders no legal services may advertise another legitimate business and indicate, as a qualification …
Can a lawyer reveal to prosecutors that his client witnessed a crime, when the client refuses to come forward?
The Committee concluded that a lawyer whose client confides that he witnessed a crime may decline to reveal that knowledge to prosecutors if the client does not want it disclosed and the client's sile…
Will a Texas bar ethics committee opine on whether a bank serving as executor of two reciprocal wills has a conflict of interest?
The Committee concluded that whether a bank appointed executor of both reciprocal wills has a conflict of interest is outside the Canons and the committee's jurisdiction, because the Canons govern the…
Can a law firm handle all the adoptions a charitable children's home places when the home requires adopting parents to use the firm it designates?
The Committee concluded that a law firm may properly accept and handle all or any of the adoptions of children placed by a charitable home, even though the home requires adopting parents to use the fi…
Must a divorce defendant's lawyer disclose to the court an affirmative defense his client chooses not to raise, and can he use it as leverage in settlement?
The Committee concluded that a defendant husband's lawyer in a divorce suit may properly withhold from the court facts constituting the unpleaded affirmative defense of condonation, and may use the ex…
Can a plaintiff's attorney plead, in the original petition, the plaintiff's prior policy-limits settlement offers and ask the judge to warn defense counsel to demand settlement?
The Committee concluded that it is improper for a plaintiff's attorney to insert in the original petition statements addressed to the court about the plaintiff's prior unsuccessful within-policy-limit…
Does it violate the Texas Canons for a law review to identify a contributing lawyer-author by his firm name, in addition to his name and city?
The Committee concluded that the Canons of Ethics do not apply to a law review, which is a lay organization, so its author-identification policy is within its own discretion; a majority thought the be…
Can a tax lawyer run a newspaper ad and mail cards announcing his former Treasury and accounting-firm tax roles and his tax specialty?
The Committee concluded that both a newspaper advertisement and an announcement card stating that an attorney formerly served on an accounting firm's tax staff or with the U.S. Treasury Department and…
Can a lawyer use bold-face type for his listing in the classified or alphabetical section of a phone directory?
The Committee concluded that an attorney may not use bold face type in business listings in either the classified or alphabetical section of telephone directories; the practice violates Canon 24.
Can an out-of-state lawyer who is a Texas bar member but has no Texas practice list himself in Texas city phone directories?
The Committee concluded that a Louisiana-resident attorney who belongs to both the Louisiana and Texas bars but engages in no Texas practice may not list himself in the customary attorney telephone li…
Can a lawyer knowingly misstate a non-resident defendant's former address to obtain substituted service and support a default judgment?
The Committee concluded that an attorney may not intentionally misstate the former residence of an out-of-state defendant in a civil damage suit to obtain service under the Texas non-resident motorist…
Can a company run a newspaper ad featuring one of its directors who is a practicing lawyer, naming his law firm and his role on the board?
The Committee concluded that a savings and loan association may include in a newspaper advertisement a photograph of a practicing attorney who serves on its board, and may mention his status as a lawy…
Can a lawyer help defend a criminal case when his law partner is the county attorney, even if that partner stays out of the prosecution?
The Committee concluded that the law partner of a county attorney may not assist in the defense of a criminal case in district court, and that this is true whether or not the county attorney participa…
Can a lawyer let the non-lawyer manager of his collection agency send solicitation letters touting the lawyer's collection record?
The Committee concluded that a lawyer who organized a separate credit and collection service may not let its non-lawyer manager solicit business through letters mentioning the lawyer's status, activit…
Can a law firm list a deceased partner's name on its own line in the phone directory, apart from the firm name?
The Committee concluded that a firm whose name contains a deceased partner's name may not list that deceased partner separately from the firm name in the yellow pages, and that no attorney may list a …
Can a city attorney use a city-hall office to see private clients and take referrals from city employees?
The Committee concluded that, strictly on the facts stated, a city attorney does not violate the Canons by occupying a city-provided office in city hall one afternoon a week to serve city employees an…
What private legal work may a district attorney, county attorney, or county judge take on, and can they use county offices and staff for it?
The Committee concluded that district attorneys, county attorneys, and county judges may not accept private employment that is adverse to the State or county, forbidden by statute, obtained because of…
Can a lawyer named executor in a client's will probate that will, handle the estate, and charge a fee for the legal work?
The Committee concluded that, so long as the attorney did not solicit his own appointment, he commits no violation of the Canons by serving as the named independent executor (sole or co-executor), pro…
Can a lawyer mail other attorneys an offer to answer the docket call in their cases for a fee?
No. The Committee concluded that an attorney who mails members of the bar an offer to answer the call of the docket in their cases for a fee is soliciting professional employment and violates Canon 24…
Can a lawyer sue a former client when the lawyer's past work for that person was isolated and involved no confidential information?
Yes. The Committee concluded that isolated past representations of a party, where the lawyer obtained no confidential information useful in the new matter, do not disqualify the lawyer from later fili…
When an insurer hires a lawyer to defend both the insurer and the insured in a suit exceeding policy limits, must the lawyer tell the insured about the conflict and the excess-exposure risk?
Yes. The Committee concluded the insured is the defense lawyer's client, a conflict exists between insurer and insured, and Canon 6 requires the lawyer to inform the insured of the conflict, immediate…
Can a lawyer take work through a membership association that promises to furnish and pay for its members' legal services?
No. The Committee concluded that a lawyer who accepts employment through an automobile association that holds itself out to furnish legal services to its members violates Canons 24, 32, and 43, both f…
Can a bank's lawyer or attorney trust officer prepare wills for customers drawn in by the bank's trust-department advertising?
No. The Committee concluded that a bank lawyer or attorney trust officer who prepares wills for customers brought in by the bank's trust-department advertising violates the Canons of Ethics, finding v…
If a lawyer drafted a contract for both sides, can the lawyer later represent one of them in a breach suit against the other?
No. The Committee concluded that where the attorney represented both parties in drafting the contract, it violates Canons 6 and 34 for him to later represent one of them in a breach suit against the o…
Can a lawyer print a Chamber of Commerce advertisement promoting his city on the back of his office envelopes?
Yes. The Committee concluded that placing a Chamber of Commerce community advertisement on the back of an attorney's office envelopes violates no Canon, though it added that the better course would be…
Can a lawyer print his name and 'Attorney at Law' on his personal bank checks?
Yes. The Committee concluded that printing an attorney's name with 'Attorney at Law' on his bank checks, or using a check-writer that imprints 'Attorney' below his name, is not soliciting employment a…
Can a county judge disqualify himself and then appear as a lawyer in his own court, and can he keep his name in a law firm whose partner practices before him?
No to both. The Committee concluded a county judge may not disqualify himself and then act as an attorney in a matter handled in his court before a special judge, and may not maintain a law partnershi…
Can a lawyer pay an assistant county attorney part of a fee for referring a civil case, and must he withdraw when he learns the client already has counsel?
No on the fee, and yes he must withdraw. The Committee concluded that paying part of a fee to the assistant county attorney for referring civil business violates Canon 31 for both lawyers, and that th…
Can a lawyer drafting a client's will insert a provision naming himself as counsel for the estate?
Only if the testator requests it. The Committee concluded that inserting a provision naming the drafting lawyer as estate counsel is ethical when the testator requests it without the lawyer's solicita…
Can a plaintiff's lawyer copy the defendant directly on a settlement-offer letter sent to the defendant's attorney?
No. The Committee concluded that a plaintiff's attorney who sends a carbon copy of a settlement-offer letter directly to a defendant who is represented by counsel violates Canon 9, because it communic…
Can a lawyer run a newspaper card listing his name, that he is an attorney, and his field of practice?
No. The Committee concluded that for an attorney to run a card in a newspaper showing his name, that he is an attorney, and his field of practice would be improper, citing Opinion 68.
Can a lawyer send clients Christmas cards that identify him as 'Attorney at Law' on the card or the envelope?
No. The Committee concluded that Christmas cards or envelopes identifying the sender as 'Attorney at Law' violate Canon 24, though a card and envelope stating only the sender's name, with no reference…
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.