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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May a Texas school's lawyer speak directly with parents at an ARD special-education meeting when the parents are represented by a lawyer but bring only a nonlawyer advocate to the meeting?
The opinion concludes the school's lawyer may not. Rule 4.02(a) prohibits the school's lawyer from communicating, or causing or encouraging another to communicate, with the parents about the subject o…
May a school district's lawyer who attends an IDEA ARD/IEP meeting communicate with represented parents about the meeting's subject matter when the parents' lawyer does not attend?
Per the Committee, no: Rule 4.02(a) prohibits the school's lawyer from communicating with the represented parents about the subject of the representation without the consent of the parents' lawyer. Th…
If I am a lawyer who is personally a party to a lawsuit but represent no one else in it, can I contact the represented opposing party directly without going through their lawyer?
Per the Committee, yes; Rule 4.02(a)'s no-contact rule applies to a lawyer 'representing a client,' so it does not bar a lawyer who is a party but represents no other party from communicating directly…
Can an insurance defense lawyer send a settlement-payment notice directly to a represented claimant, without opposing counsel's consent, when a Texas Department of Insurance bulletin encourages it?
Per the Committee, no. The notice is a communication about the subject of the representation with a represented person, barred by Rule 4.02(a) absent the other lawyer's consent or authorization by law…
Does a government agency's lawyer have to make sure the agency's non-lawyer enforcement officers don't contact a represented regulated person directly?
Per the Committee, only over officers the lawyer directly supervises. Rule 4.02(a) bars the agency lawyer from contacting a represented person or causing or encouraging others to, but where the lawyer…
Does my firm have a conflict if we hire a lawyer who married into the family of a mid-level employee of a corporation we are suing?
The Committee concluded that, on these facts, a firm's hiring of a lawyer married to the daughter of a mid-level employee of an opposing corporation created no conflict under Rule 1.06(b)(2), because …
Can a lawyer advise a client to contact the opposing creditor directly to get an account statement without telling the creditor the client has a lawyer?
The Committee concluded the lawyer may. The client was entitled to request his own account statement, so advising him to do so did not violate the no-contact rule (4.02) even if the creditor had in-ho…
Does the no-contact rule (Rule 4.02) bar a lawyer representing a city employee in a grievance from communicating with other city employees?
The Committee concluded Rule 4.02 applies even when no litigation is pending or contemplated, so the lawyer generally needs the city attorney's consent to contact managerial city employees or those wh…
Can a lawyer contact an individual city council member directly during a lawsuit when the city is represented by the city attorney?
The Committee concluded that the contact violated Rule 4.02. The rule bars a lawyer from communicating about the subject of the representation with persons who have managerial responsibility for a rep…
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 lawyer send the opposing party copies of the letters the lawyer writes to opposing counsel?
The Committee concluded that, as a general rule, an attorney should not send copies of letters written to opposing counsel to opposing counsel's client; an exception is a demand that the opposing part…
While deposing a represented opposing party, can a lawyer advise that party about the law involved in the case?
The Committee concluded that an attorney may not, through the guise of a deposition, advise a represented opposing party about the law involved in the controversy, and this holds even where the opposi…
Can one defendant's lawyer interview the other represented co-defendants charged in the same transaction without first getting their lawyers' consent?
The Committee concluded that when three persons are indicted over one transaction and each is represented, the attorney for one may not interview any of the others without the consent of that person's…
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 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…
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 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 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 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 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 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 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 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 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…
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 plaintiff's lawyer write the represented defendant directly to urge him to push his insurer to settle within policy limits?
No. The Committee concluded that a plaintiff's attorney who writes a represented defendant directly, advising him to demand his insurer settle within limits and offering to settle, violates Canon 9, w…
Can a prosecutor's non-lawyer investigators work out a guilty plea with a jailed defendant who has a lawyer, without involving that lawyer?
No. The Committee unanimously concluded that a district attorney who, through non-lawyer investigators, works out guilty pleas with represented prisoners without consulting their counsel violates Cano…
Can a defendant's lawyer send a letter jointly to the plaintiff and the plaintiff's attorney demanding a physical examination?
Yes, on these facts. A majority concluded that a defendant's attorney does not violate Canon 9 by writing a letter addressed jointly to the plaintiff and the plaintiff's attorney demanding that the pl…
Can a prosecutor question a represented criminal defendant, seek a guilty plea, or order a lie-detector test without the defense lawyer's consent?
No. The Committee unanimously concluded that, because a criminal defendant is a 'party' under Canon 9, a district attorney or his staff may not attempt to elicit a confession or plea of guilty, or sub…
Can a plaintiff's lawyer take a written statement from the defendant after suit is filed but before the defendant answers?
The Committee unanimously (8-0) concluded that taking a written statement from the opposing party would violate Canon 9 if the defendant were represented by counsel, and that even with an unrepresente…
Can a prosecutor have a criminal defendant examined by doctors during trial without the defense lawyer's knowledge or consent?
No. The Committee unanimously concluded (10-0) that for a prosecuting attorney to have the defendant examined by doctors during trial without the knowledge or consent of defense counsel violates Canon…
Can a plaintiff's lawyer send a settlement demand directly to a represented defendant if he copies the defense lawyer and insurer?
No. The Committee concluded (9-1) that writing directly to a represented defendant, even with copies to defense counsel and the insurer, offering to settle and warning of excess-verdict exposure, viol…
If opposing counsel won't relay a settlement offer, can a lawyer send a joint letter to that counsel and the opposing client about a possible compromise?
No. The Committee held (9-0) that sending a joint letter to the adverse attorney and his client about a possible compromise directly violates Canon 9's bar on communicating with a represented party, e…
Does the no-contact rule only bar settlement talks with a represented party, or does it bar all communication, and can a lawyer still interview the other side's employees as witnesses?
The Committee held (7-0) that Canon 9 bars a lawyer from communicating with a represented party for any purpose, not just to negotiate, but it does not bar interviewing a potential witness other than …
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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.