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.
May a Texas lawyer agree to be personally bound by a non-disparagement clause or a marketing-use non-disclosure clause in a client's settlement agreement?
The Committee concludes that under Texas Disciplinary Rule 5.06(b) a lawyer may not be a party to a non-disparagement clause that restricts statements the lawyer might make in the practice of law, and…
May a Texas lawyer accept payment from a nonlawyer-owned company for prerecorded and livestreamed educational legal presentations to the public, answer specific fact questions from audience members, and represent viewers who later contact the lawyer?
Per the Committee, yes on each: payments for educational presentations on general legal topics are not 'legal fees' under Rule 5.04(a); providing such presentations is not the practice of law and does…
Can a Texas lawyer set up a booth in a public place after a storm, staffed by a nonlawyer, to hand out brochures and attract property-damage clients?
Per the Committee, yes; a lawyer may have a nonlawyer staff a booth that displays signs and hands out brochures and gives information, even speaking to visitors, as long as neither the lawyer nor the …
Can a Texas lawyer ask current and former clients to leave positive reviews and star ratings on Google or social media?
Per the Committee, yes; the rules do not prohibit a lawyer from encouraging current and former clients to post positive online reviews or ratings, provided the lawyer does not encourage them to make s…
If a plaintiffs' lawyer writes to a defendant company's other employees describing the lawsuit and saying similarly situated employees may have claims, but frames it as gathering information, is that a regulated direct-mail solicitation?
Per the Committee, a communication that purports to seek information may still be a written solicitation subject to Rule 7.05(b) if it is made with the intent to obtain professional employment signifi…
Can a Texas law firm that joins an international verein adopt the verein's name as its own firm name on pleadings and public communications when no lawyer in the Texas firm ever had those names?
Per the Committee, no; using the verein's name as the Texas firm's name violates Rule 7.01(a) because it contains names of no current, former, deceased, or retired lawyer of the firm or a predecessor,…
Can a Texas lawyer buy a competitor's name as a keyword in a search-engine ad program so the lawyer's ad shows up when someone searches the competitor's name?
Per the Committee, yes; using a competitor's name as a keyword is not by itself a violation, because the resulting ad does not claim the two lawyers are partners or associates (Rule 7.01(d)) and a rea…
Can a Texas lawyer advertise free warrant checks and free bail bond information to draw potential clients into the office, or does giving away that information count as paying something of value to solicit clients?
Per the Committee, yes; offering and giving free bail bond and warrant information to office visitors is not giving 'anything of value' to solicit employment under Rule 7.03(c), but the lawyer must ho…
Can a Texas solo lawyer's professional corporation use an assumed firm name that includes both the owner's name and the name of an employed (non-owner) associate?
Per the Committee, yes; an assumed name such as 'A & B, Attorneys at Law' is not a prohibited trade name under Rule 7.01 when it contains the names of lawyers who actually provide the firm's legal ser…
Can a Texas lawyer who retired from a part-time municipal court judgeship put 'Retired Judge' on letterhead and business cards?
Per the Committee, yes, but only if the lawyer actually retired (rather than merely left) in the ordinary sense of the word and the designation is not likely to mislead recipients about the lawyer's j…
Can Texas lawyers from two separate Texas firms run an out-of-state joint venture under a name that combines their two Texas firm names?
Per the Committee, generally no; even though the name might be allowed in the other state, the Texas rules against misleading combined firm names follow Texas lawyers, and Texas has the more significa…
Can a Texas firm keep a lawyer's name in the firm name when that lawyer takes an out-of-state job that bars private practice, and can the lawyer stay a member?
Per the Committee, no, the firm may not keep the name of a lawyer barred from practicing with it, because that would mislead the public; but the lawyer may remain a member and keep a financial interes…
Does a Texas lawyer have to report another lawyer to the bar for using a prohibited city-based trade name like 'CityX Law Group'?
Per the Committee, no; using a prohibited city-based trade name violates Rule 7.01 but, standing alone, is not serious enough to raise a substantial question about the other lawyer's honesty, trustwor…
Can a Texas lawyer sign letterhead demand letters for a credit-repair company's customers the lawyer has never represented or even spoken with?
Per the Committee, no; providing signed letterhead letters that state or imply the lawyer represents the company's customers, when the lawyer does not, makes false and misleading statements to the rec…
Can a lawyer licensed in both Texas and another state use a trade name allowed in that state but barred by Texas Rule 7.01, when practicing only in the other state?
Per the Committee, yes. Applying Texas's 'most significant relationship' conflict-of-laws test, Rule 7.01's trade-name ban does not reach a Texas-licensed lawyer's use of a trade name wholly in North …
When a partner leaves a Texas firm to start his own practice, can the remaining lawyers keep his name in the firm name if he consents?
Per the Committee, no. A lawyer who leaves to keep practicing independently is not a retired or deceased member, so Rule 7.01(a)'s exception does not apply; keeping his name violates Rule 7.01(a) and …
Can three separate Texas law firms run joint ads under the name of one of them plus the word 'Group'?
No. The Committee concludes that a name like 'Jones Smith Group' is a trade name, and because Rule 7.01(a) bars practicing under a trade name, using it in advertising is prohibited by Rule 7.01(e) and…
Can a Texas lawyer pay a fee to join a for-profit website that gathers potential clients' information and forwards it to participating lawyers?
Yes, but only if the service operates as advertising rather than a referral service. The Committee allows participation if lawyer selection is wholly automated with no discretion, the service makes no…
Can a Texas lawyer pay a fee to be listed on a private for-profit website that collects potential clients' information and forwards it to listed lawyers?
No. The Committee concludes the service solicits or refers prospective clients rather than providing advertising, so paying its fee violates Rule 7.03(b)'s bar on paying a non-lawyer for soliciting or…
Can a Texas lawyer with a Juris Doctor degree use the title 'Dr.' or 'J.D.' in social settings, on letterhead, and in advertising?
Yes, unless misleading. The Committee concludes the rules do not bar a lawyer with a J.D. or Doctor of Jurisprudence degree from using 'Dr.,' 'Doctor,' or 'J.D.' in social and professional communicati…
Can a Texas law firm let a non-profit it donates to list the firm as a financial sponsor on the non-profit's website?
Yes. The Committee concludes a sponsor listing is permissible advertising, not a prohibited referral payment, where the firm pays a fixed amount unrelated to any referrals, every equal-contributing sp…
Can a Texas law firm let a group of doctors pay for its TV advertising in exchange for the expectation, but not the obligation, that the firm will refer clients to that group?
No. The Committee concludes the arrangement creates an unacceptable conflict: the firm's financial incentive to refer clients to the funding medical group means it cannot reasonably believe its repres…
Can my firm use a name like 'Discount Legal Services of Jones and Doe' or 'Jane Doe Trial Lawyers'?
The Committee concluded a lawyer may not practice under a firm name that, beyond the lawyers' names and words showing the firm provides legal services, claims or implies a quality of the firm; names l…
What must my firm do after discovering that a partner who recently joined lied about his degrees and law license?
The Committee concluded the firm must take reasonable remedial action: end the relationship with the unlicensed person (continuing it would assist the unauthorized practice of law under Rule 5.05), se…
Can I mail a non-personalized letter and videotape to an injured person I found in a newspaper article to solicit them as a client?
The Committee concluded that mailing a non-personalized letter and videotape to a prospective client whose identity came from a newspaper article, to obtain employment, is not prohibited if it satisfi…
Can lawyers who only share office space list their names together on the suite door, like a firm, if they add a line saying they are independent practitioners?
The Committee concluded that displaying the lawyers' names separated only by commas suggests a professional relationship that does not exist and misleads the public, violating Rule 7.04(a) and (d); th…
Can a lawyer run a newspaper ad aimed at people with a specific legal problem, and can the lawyer send a layperson a letter proposing to trade client referrals?
The Committee concluded that a targeted print advertisement is permissible if it complies with Rule 7.01 and is not false or misleading; a bare promise of cash settlements without qualification may cr…
Can lawyers who leave a firm use the name of a deceased partner from that old firm in the name of their new firm?
The Committee concluded they may not. Rule 7.04 lets a firm keep a deceased or retired lawyer's name only if that lawyer was a member of the firm or of a predecessor firm in a continuing line of succe…
Can a law firm sponsor and run an educational seminar marketed to a specific group of laypeople, like realtors, without violating the advertising rules?
The Committee concluded a firm may do so. Nothing in the Disciplinary Rules expressly bars a lawyer or firm from conducting a seminar for laypeople, and no rule is violated if the firm and the lawyers…
Can a Texas lawyer mail a personalized letter or firm brochure to an accident victim offering legal services?
The Committee concluded that targeted direct-mail letters and brochures to potential clients known to need particular legal services are permitted, consistent with Shapero v. Kentucky Bar Association,…
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 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 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 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 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 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 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…
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…
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 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…
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…
Can a Texas firm's letterhead list a lawyer licensed only in another state, or show a lawyer's CPA credential, or note that a lawyer is licensed in Texas and one other state?
The Committee concluded that all three uses are permissible because they are not false or misleading under DR 2-101(A); a firm may list an out-of-state lawyer (making the jurisdictional limitations cl…
What may a Texas lawyer do when participating in legal educational seminars, and how may such a seminar and the lawyer's role be promoted?
The Committee concluded that a lawyer is encouraged to take part in legal educational programs but must not give individual advice or seek personal publicity; promotion should publicize the seminar ra…
Can a Texas professional corporation of lawyers practice under an impersonal trade name like 'Southwest Trial Associates' that contains no member's name?
The Committee concluded that the State Bar may constitutionally bar lawyers from practicing under impersonal trade or assumed names; under DR 2-102(B) a name like 'Southwest Trial Associates' is misle…
Can a Texas attorney run an announcement in the Texas Bar Journal stating that he is available to act as an appellate consultant for other lawyers?
The Committee concluded that an attorney may place a dignified announcement in the Texas Bar Journal stating his availability as a consultant in a particular field, such as appellate work, or as an as…
Can a law firm put the name of its non-lawyer legal secretary on the firm's letterhead?
The Committee concluded that a firm may not list its non-lawyer legal secretary on the firm letterhead, because DR 2-102 limits letterhead names to lawyers and listing the secretary as a firm officer …
In which telephone directories may a Texas lawyer list a number, and how many numbers may the lawyer list?
The Committee concluded that a lawyer may be listed in any directory covering an area where he resides, maintains an office, or where a significant part of his clientele resides, in both the alphabeti…
What kinds of exterior office signs may a Texas lawyer use, and are free-standing, rooftop, awning, or window signs allowed?
The Committee concluded that a free-standing sign, a sign extending above the roofline, an awning or canopy sign, and a window sign not on or near the office door all violate the Code, because DR 2-10…
Can a Texas lawyer post signs or placards in the office or waiting room listing the types of cases the lawyer handles?
The Committee concluded that posting small signs or placards in the office or waiting room that tell readers the types of cases the lawyer handles is unethical solicitation, because such signs reach a…
Can attorneys who own an office building give it a name like "Justice Plaza" that signals lawyers practice inside?
The Committee concluded that attorney-owners may not name their building "Justice Plaza," because a name implying that the occupants are lawyers is commercial publicity and a form of indirect solicita…
Can a law firm keep a deceased partner's name in the firm name or list it on the letterhead, and how should it show that the partner has died?
The Committee concluded that a firm may keep a deceased partner's name in the firm name and on its letterhead, with a suitable indication that the partner is deceased, as long as the use is not decept…
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.