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 Texas lawyer run an out-of-state firm's new Texas office as its only lawyer if she is an associate, not a partner, and the firm's partners are not licensed in Texas?
Per the Committee, yes; an out-of-state firm may open a Texas office whose only resident lawyer is a non-partner, provided that lawyer qualifies as a 'firm lawyer' reasonably considered to be 'in' the…
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 run a pro bono nonprofit law firm under a name that describes the services and includes the name of someone who was never a lawyer in the firm?
Per the Committee, no; a name like 'Jane's Law Firm, A Free Legal Resource for Children with Autism' violates Rule 7.01(a) because it is a trade name, it is misleading as to the lawyer's identity, and…
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 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 law firm bill its client a higher hourly rate for a contract or outside lawyer's work than the firm actually pays that lawyer?
It depends on whether the lawyer is 'in' the firm. The Committee concludes a firm may mark up the work of an 'other firm lawyer' (such as of counsel or a contract lawyer who is in the firm) without di…
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 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 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 let a creditor use the lawyer's letterhead for debt-collection letters when the lawyer has little involvement with the accounts?
The Committee concluded that using a lawyer's stationery for collection is not improper per se, but the lawyer must exercise independent professional judgment on each account: review the debtor's file…
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 Texas lawyers who only share office space and split costs practice under a common name like 'Law Offices of A and B' without being actual partners?
The Committee concluded that practicing under a common name like 'Law Offices of A and B' represents to the public that a partnership exists, even when the lawyers keep separate finances and do not sh…
Can a lawyer leaving a firm agree, in exchange for periodic payments, not to practice for current or former firm clients, and can the firm keep using his name after he returns to practice?
The Committee concluded an agreement that restricts a departing lawyer's practice as a condition of post-termination retirement-type payments is permitted under Rule 5.06(a)'s retirement-benefits exce…
Can a lawyer who also serves as a municipal judge use the law firm's letterhead to communicate with litigants in the court over which he presides?
The Committee concluded that it is improper for a lawyer serving as a municipal judge to use his law firm's letterhead to communicate with litigants on municipal court matters, because the firm letter…
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 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 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 law firm based in a foreign country open a Texas office that gives advice only on that foreign country's law?
The Committee concluded that running a permanent Texas office to advise even solely on foreign law is the practice of law in Texas, so a foreign firm may do it only if everyone regularly providing leg…
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…
Can a Texas lawyer or law firm let its name appear on the business card of a legal assistant or paralegal it employs?
The Committee concluded that a legal assistant may carry a business card showing the firm name as long as the legal assistant's status is clearly disclosed, the card identifies who employs the assista…
When can a lawyer who is not a partner or associate be listed as 'Of Counsel' on a Texas firm's letterhead?
The Committee concluded that 'Of Counsel' must denote a regular, continuing, and substantial relationship between the firm and the lawyer; mere availability for consultation or prior, sporadic associa…
Can an out-of-state law partnership run a Texas office under the same firm name, and what conditions apply?
The Committee concluded that an out-of-state partnership may operate a Texas office under the same firm name if it keeps a resident Texas-licensed partner and a resident agent for service of process, …
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 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 …
Can a non-lawyer legal assistant write and sign a debt-collection letter on the law firm's letterhead for the firm's client?
The Committee concluded that a supervised legal assistant may write a letter on the firm's letterhead to collect a client's debt, so long as the assistant is supervised by the lawyer and signs with th…
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…
Can a local bar association publish a member roster that lists the field of law each member concentrates in, even if the member is not a certified specialist?
The Committee concluded that a local bar association representative of the general bar may publish a roster indicating each member's field of interest, provided it is distributed only to bar members o…
Can a lawyer list in the yellow pages of more than one telephone directory in a metro area, and what counts as a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Can a lawyer contract for yellow-pages listings in more than one telephone directory in a metro area, and what is a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Can a district attorney use his official government stationery when handling his own private civil cases?
The Committee concluded that a district attorney should not use his official stationery in his personal civil practice, because doing so would be misleading and self-laudatory in violation of Canon 24…
Can a lawyer who also serves as a municipal judge put 'Judge' before his name on his professional business card?
The Committee concluded that a lawyer who is also a municipal court judge may not show the word 'Judge' before his name on his professional card; Canon 39 limits the card's contents and the added titl…
Can a lawyer display certificates for, or list, both an LLB and a JD when he earned only one law degree?
The Committee concluded that an attorney who earned only one law degree may not display certificates for both an LLB and a JD, and may not list both when summarizing his academic background, because d…
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 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 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 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 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 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 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 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 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 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 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 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 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…
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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.