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…
When a Texas lawyer moves from a private firm that represents public entities to a private firm that is adverse to those entities, what conflicts apply, does the 'generally known' exception save the new firm, and is Rule 1.10 screening available?
Per the Committee, the migrating lawyer's personal representation of a public-entity client at the prior firm creates Rule 1.09 former-client conflicts that are imputed to all lawyers at the hiring fi…
Can a Texas government-agency lawyer defend the agency in other employees' furlough appeals when the lawyer herself may be furloughed and could file the same appeal?
Per the Committee, only if the agency consents after full disclosure and the lawyer reasonably believes the representation will not be materially affected by her own interests; consent alone is not en…
Can the general counsel of an entity jointly owned by two cities be an employee of one of those cities, which pays and can fire the lawyer?
Per the Committee, yes; being paid and employable-at-will by one city does not by itself create an impermissible conflict, as long as the entity consents, the lawyer's independent judgment and the rel…
Can a Texas district attorney publish on the office website the names of people charged with DWI over a holiday to deter drunk driving?
Per the Committee, yes; publishing the names of all those charged with DWI during a holiday period does not by itself violate the rules, provided the charges rest on probable cause, the purpose is to …
Can a Texas district attorney investigate or prosecute a local official the DA's office previously represented on matters tied to the official's public duties?
Per the Committee, only if the former-client protections of Rule 1.09 and the current-client conflict rule (Rule 1.06) are both satisfied: no reasonable probability of misusing the official's confiden…
Can an assistant city attorney refuse to stop representing the city after being discharged, on the ground that civil service rules protect the lawyer's job?
Per the Committee, no. Rule 1.15(a)(3) requires a lawyer to withdraw when discharged, with or without good cause, unless a tribunal orders otherwise. The lawyer's civil-service employment protections …
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…
Can a public defender cure a conflict between two clients by handing one off to another lawyer in the same PD office, and may the lawyer keep representing the other client?
No to the handoff, yes to continuing. The Committee concludes a public defender's office is one 'law firm,' so under Rule 1.06(f) the conflict is imputed to every lawyer in it; but the lawyer may keep…
After leaving a Texas regulatory agency, can a lawyer represent a client before that agency on a matter that started while the lawyer worked there but that the lawyer never worked on?
Yes. The Committee concludes Rule 1.10(a) bars a former agency lawyer only from matters in which the lawyer participated personally and substantially as a public employee; mere employment when a matte…
Can a city attorney advise a city ethics board investigating an ethics complaint filed against a majority of the city council?
No. The Committee concludes the city attorney's representation of the ethics board against most of the city council reasonably appears to be adversely limited by his own employment interests under Rul…
Can a Texas lawyer join a federal GSA schedule program that refers federal agencies to listed lawyers if the lawyer pays the program one percent of fees earned?
Yes, for services to federal agencies. The Committee concludes the one-percent payment is a negotiated fee discount with a single client entity (the Executive Branch), not fee sharing under Rule 5.04(…
If I'm a Texas lawyer serving as a state senator or representative, can I represent private clients in courts within my legislative district?
Yes. The Committee concludes that holding state legislative office does not by itself bar a lawyer from representing clients in city, county, and state courts in Texas, including courts in the lawyer'…
If I worked as a lawyer for a city, can the city's ethics code bar me from representing others before the city for two years, even on unrelated matters?
Yes. The Committee concludes the Disciplinary Rules do not prohibit enforcing a city ethics code's two-year bar on a former city lawyer representing others before the city: Rule 1.10 has no conflictin…
Can a lawyer collecting delinquent taxes for a Texas taxing unit agree to a contingent fee where the unit keeps part of the statutory attorney-fee penalty if a collection goal isn't met?
No. The Committee concludes the arrangement violates Rule 1.04(d), which bars a contingent fee prohibited by other law: letting the taxing unit retain part of the section 33.07 penalty when the lawyer…
If I serve on a city council, can I discuss and vote on a matter involving a client of my former law firm when I never worked on that client's matter?
Yes, with conditions. The Committee concludes a lawyer on a city council may participate and vote on a matter where the former firm represents a client, provided the lawyer did not personally represen…
If I serve as a municipal court judge, can I also defend criminal cases where the city's police may be witnesses?
Only with consent. The Committee concludes a municipal court judge may not defend a criminal case where the city's police may be witnesses (or in a matter he adjudicated, or in his own court) unless b…
If I'm a lawyer serving as a county judge, can I represent private clients in the justice, county, and district courts of my own county?
Only with consent. The Committee concludes it is a conflict under Rule 1.06(b)(2) for a county judge, who presides over the commissioners court and is the county's chief budget officer, to represent p…
If I am elected district attorney, can I prosecute someone I previously defended as their criminal defense lawyer?
The Committee concluded a newly elected DA may not prosecute a former client's probation revocation in a case the lawyer defended (regardless of consent), may not prosecute a former client in a new ca…
Can I practice law in my county's justice, county, and district courts while serving as an elected county commissioner?
The Committee concluded a lawyer who is an elected county commissioner violates Rule 1.06(b)(2) by representing private clients in the county's justice, statutory county, and district courts, because …
Are a government lawyer's telephone records confidential under Rule 1.05, or must they be released under the Texas Open Records Act?
The Committee concluded that a government lawyer's telephone records relating to client work are normally confidential information under Rule 1.05(a), and Rule 1.05(b) bars disclosure unless an except…
Can a lawyer who serves as a city commissioner defend criminal cases where the city's police investigated, were victims, or where the city judge issued the warrant, and can the lawyer's partner?
The Committee concluded that such representation creates a conflict under Rule 1.06(b)(2) between the lawyer's interests as a city commissioner and the client's interests, and the conflict is imputed …
Can a government agency's in-house lawyer tell opposing counsel and an administrative law judge that the agency has jurisdiction when the lawyer knows there is no factual basis for it?
The Committee concluded that knowingly misrepresenting a factual basis for jurisdiction violates Rule 3.03 (candor to a tribunal), Rule 3.01 (no frivolous position), and Rule 4.01 (truthfulness to oth…
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…
If a government lawyer prosecuted a contempt motion for the wife, can the lawyer (or anyone else in the same office) later prosecute the wife on the same divorce decree?
The Committee concluded that the attorney who prosecuted the contempt motion for the wife may not later prosecute the wife on the same decree under DR 5-105(B), but that other attorneys in the county …
Can one lawyer in a district attorney's office defend a colleague from that office in a federal suit when a lawyer in the office will be a witness?
The Committee concluded that an attorney in a district attorney's office may represent a colleague who is the defendant if no office lawyer other than the defendant is expected to be a witness; but if…
If a lawyer serves as county attorney, can the partners or associates in his firm defend criminal cases, at least in other counties?
The Committee concluded that no partner or associate of a county attorney may represent a criminal defendant in any case in any Texas court, because a county attorney is disqualified from being advers…
Can a Texas lawyer secretly record a conversation, by phone or in person, without telling the other party it is being recorded?
The Committee concluded that, although one-party-consent recording is not itself illegal, attorneys are held to a higher standard, so normally a lawyer should not record a conversation without informi…
Can a lawyer who serves as a city's mayor or council member practice in the municipal court or represent clients against the city or its police, and does the bar apply to the lawyer's partners?
The Committee concluded that a lawyer who is a mayor or city council member generally may not practice in the city's municipal court or represent interests adverse to the city or to its police officer…
Must a defense firm withdraw from a criminal case when a former assistant district attorney who prosecuted the case joins the firm, even if he agrees not to work on it?
The Committee concluded that the defense attorney should not continue representing the accused after a former assistant district attorney who participated extensively in the prosecution joins the firm…
Can a prosecutor threaten to pursue additional pending charges to discourage a convicted defendant from appealing?
The Committee concluded that a prosecutor should not take any action calculated to deny a criminal defendant the full right of due process, including the right to appeal; threatening additional prosec…
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 former civil-section assistant DA defend people indicted after he left, for offenses committed while he worked there, if he never touched the criminal side?
A divided Committee concluded that a former civil assistant in a DA's office may represent a defendant where the indictment was returned after he left, even if the offense occurred during his tenure, …
Can a county attorney or other public prosecutor also represent a private civil litigant in a case arising from the same accident or occurrence?
The Committee concluded that a public prosecutor (district, county, or city attorney) may not represent any party in a civil matter arising out of an occurrence that is also the subject of criminal in…
Can a lawyer who serves as a probation officer also act as criminal defense counsel in felony cases in the same district?
The Committee concluded that an attorney who serves as a Probation Officer may not act as defense counsel in felony cases in his district, because the Probation Officer's primary duty is to the public…
Can a former judge later serve as a lawyer in the same cases he handled procedurally while on the bench?
The Committee concluded that it is unethical for a former County Judge to represent the State and County in appeals from Special Commissioners' awards in condemnation suits that originated during his …
Can a county attorney's law partner, associate, or father defend criminal cases, and does court appointment versus private hire change the answer?
The Committee concluded that a County Attorney's disqualification from defending criminal cases extends to his partners and associates in all courts statewide, even in a civil-only practice, under Can…
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 prosecuting attorney represent a city policeman in a civil overtime-wage suit when the same facts might require a criminal prosecution?
The Committee concluded that it would be unethical for a prosecuting attorney to represent a policeman in a civil overtime-wage suit against the City under statutes whose violation he might have to in…
When someone brings a matter to the county attorney's office that the office can't handle, can the county attorney offer to take it privately, refer it out, or accept a referral fee?
The Committee concluded that a county attorney consulted in his official capacity may not offer to represent the person as a private lawyer (solicitation under Canon 24), may ethically refer the perso…
Can a district attorney's law firm represent the surety in a county's civil suit over a misappropriation the DA first presented to a grand jury?
The Committee concluded that the firm of a district attorney who presented the misappropriation facts to a grand jury may not ethically represent the bonding company defendant in the county's later ci…
Can an assistant county attorney who handles the county's eminent-domain cases also privately represent property owners in condemnation cases the county is not part of?
The Committee concluded that, on the facts assumed, an assistant county attorney who handles the county's eminent-domain matters may also privately represent property owners in condemnation cases in w…
Can one attorney represent both a city and a school district in the same delinquent-tax suit?
The Committee concluded that one attorney representing two taxing agencies in a delinquent-tax suit is not a per se violation of Canon 6, because such dual representation does not necessarily involve …
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 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 …
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 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 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 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 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…
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 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 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 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 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 buy a 'compliments' listing in a high-school football program that identifies him as an attorney?
A name-only listing is fine, but a listing identifying the person as 'Attorney at Law' violates Canon 24. A listing showing only a Criminal District Attorney's office does not violate the Canon if pub…
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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.