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 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 501(c)(3) nonprofit law firm directly solicit self-represented Texans to provide civil legal services at below-market flat fees?
Per the Committee, no; soliciting prospective clients who have not sought the lawyer's advice and are not members of the qualified nonprofit organization violates Rule 7.03(a) when a significant motiv…
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 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 lawyer make a client waive civil barratry remedies, settle a barratry claim with an unrepresented client, and must the lawyer report a barratry suit against themselves?
Per the Committee, a lawyer cannot use a client waiver to escape the disciplinary rules against barratry, and including such a waiver without explaining it may be ineffective can be a misrepresentatio…
Can two Texas lawyers agree to send each other all of their cases in the other's practice area, even if no fees are split?
Per the Committee, no; a mutual promise to refer all cases in the other lawyer's field is each lawyer giving something of value to the other to solicit employment, which violates Rule 7.03(c) even tho…
Can a Texas lawyer phone a real estate agent's client who asked the agent to have the lawyer call, even when the lawyer gives the agent ordinary holiday gifts?
Per the Committee, yes. Because the client requested the call through the agent, the lawyer is not soliciting someone who has not sought the lawyer's services, so Rule 7.03 and the barratry rule (Rule…
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 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 trade association's general counsel recommend an outside lawyer to members and round up other members for a joint lawsuit against a common supplier?
The Committee concluded that, on these facts, a trade association's general counsel could recommend qualified outside counsel and inform members of joint litigation against a common supplier without v…
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 a law firm agree, as part of settling a case, not to solicit other clients or share fees in the future on claims against the same opposing party?
The Committee concluded that both clauses violate Rule 5.06(b). A settlement term that restricts a lawyer's solicitation beyond what the rules and law already allow, or that bars the lawyer from shari…
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 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 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…
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 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 attorney join a barter association that takes a join-up fee, dues, and a percentage of trades, and guarantees members a level of business?
The Committee concluded that one-on-one bartering for legal services remains permissible, but joining a barter association that guarantees members business or refunds their fees, and takes a join-up f…
Can a non-profit association arrange for a law firm to offer optional legal services to its members where members pay the lawyers directly?
The Committee concluded that the current Code permits such an arrangement (which an earlier opinion had barred), under DR 2-103(D)(5), provided the association's primary purposes are not legal service…
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 lawyer defending a class action mail copies of the complaint to others who might be affected and then take them on as clients?
The Committee concluded that distributing the complaint and accepting employment from those affected would violate EC 2-4 and DR 2-104(A)(1) and (A)(5), but that the lawyer could instead notify them t…
Can a lawyer agree to draft the documents for customers a lay "estate planning" company regularly refers, where the planner recommends the lawyer?
The Committee concluded that a lawyer's regular, systematic participation in a lay estate-planning referral scheme is unethical solicitation through a lay intermediary, threatens the lawyer's independ…
Can a lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?
The Committee concluded that a lawyer may not send Christmas cards imprinted with a law-office signature to clients or the general public, because that is public communication calculated to attract la…
Can a Texas lawyer hold a financial interest in a bail bond business that someone else operates?
The Committee concluded that it is not improper for a lawyer to hold a financial interest in a bail bond business if the lawyer does not participate in operating it and does not accept employment from…
Does an illuminated neon sign bearing a law firm's name near the office entrance violate the Texas Canons of Ethics?
The Committee concluded that the described neon sign would violate Canon 24, which prohibits direct and indirect solicitation; a law-office sign must be of modest size and serve to help a person find …
Can a lawyer accept a credit card to pay a fee, and may the lawyer display a decal or emblem showing that credit cards are accepted?
A divided Committee concluded that an attorney may honor a reputable credit card in payment of a fee, treating it like a check, but all members agreed that displaying an emblem, window decal, or desk …
Can a lawyer act as surety on a criminal defendant's bail bond and then represent him, and can the lawyer's name appear on a jail bondsman list shown to prisoners?
The Committee concluded that a lawyer may act as surety on his client's criminal bond only if the attorney-client relationship already exists and he does so without notoriety amounting to indirect sol…
Can a lawyer let an association publish a bulletin telling its members he is available to handle their personal legal matters unrelated to the group's purpose?
The Committee concluded that an attorney may not knowingly allow an association to advertise to its members that he is competent and will advise them on their personal legal problems unrelated to the …
Can a lawyer running for elective office advertise the campaign, including the offices and memberships he holds, without violating the lawyer-advertising rules?
The Committee concluded that a lawyer seeking elective public office may advertise the candidacy in publications of general or limited distribution if it is done in a dignified manner and not designed…
In which telephone directories' yellow pages may a lawyer list the practice, and can a lawyer list in a suburb where there is no office?
The Committee concluded that a lawyer may be listed in the commercial (yellow) pages only in the city where the office is maintained, but may also be listed in a metropolitan-area directory that inclu…
Can a lawyer be both a bank's trust officer and its attorney, handle legal work for the bank's customers, and keep a law office inside the bank?
The Committee concluded that a lawyer may serve as both attorney and Trust Officer for a bank but may not at the same time handle legal matters for the bank's customers or maintain an outside-practice…
Can a lawyer pay or validate the parking tickets of clients who visit the office?
The Committee concluded that a lawyer may validate clients' parking tickets, that is, pay their public parking fees, without violating the Canons, provided the lawyer does not identify himself as a la…
Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?
The Committee concluded that an attorney who edits or writes legal articles for a lay trade journal may be identified by name only, and may not permit publication of his picture, his identification as…
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 lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
The Committee concluded that a lawyer may not extend holiday greetings to the general public through radio spot announcements, newspaper advertisements, circulars, or other advertising media, because …
Can a lawyer pay to be listed under 'attorneys' in a commercial statewide classified directory that is not an approved law list?
The Committee concluded that a lawyer may not be listed as an attorney in a statewide commercial classified directory, because the directory is not an approved law list under Canon 39 and a purely com…
Can a lawyer let a company use his name and photograph in the company's newspaper advertising?
The Committee concluded that a lawyer may not knowingly permit an airline to use his name and picture in its newspaper advertising, because doing so violates Canon 24, and that if the use occurred wit…
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 an insurance-defense firm give Christmas gifts or host entertainment for the claims adjusters and representatives of its insurance-company clients?
The Committee concluded that it could not answer categorically: whether gifts and entertainment for clients' claims adjusters amount to improper solicitation under Canon 24 or merely an expression of …
Is it unethical for a lawyer to habitually charge less than the county or state minimum fee schedule?
The Committee concluded that habitually charging below a recommended minimum fee schedule does not by itself violate Texas Canon 11 on fixing fees, because the Texas canon omitted the ABA's minimum-fe…
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 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 lawyers run a paid newspaper ad endorsing a political candidate that identifies the endorsers as lawyers?
The Committee concluded that lawyers may publicly endorse candidates, and whether the ad may identify the endorsers as lawyers turns on whether their dominant purpose is to advertise themselves or to …
Can a lawyer let a church directory list his photo, home address, phone, and firm name when the directory carries no advertising?
By a 4-3 vote the Committee concluded that an attorney may permit a church-directory listing with his photograph, home address and phone, firm name, and business phone, where the directory goes only t…
Can a lawyer accept adoption cases when the placement agency hands prospective parents a circular naming him and his fee?
The Committee concluded that a lawyer violates Canon 24 if he permits or acquiesces in an adoption agency distributing a "Legal Adoption" circular naming him and his fee, or knowingly accepts employme…
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 lawyer who is also a title-insurance agent hand out earnest-money contract forms branded with the title company and his name as agent?
The Committee concluded that a practicing lawyer who is also a title-insurance agent may not distribute to real estate agents earnest-money contract forms bearing a legend that the form is furnished b…
Can a registered U.S. Patent Attorney who is also a Texas lawyer advertise that specialty on his letterhead and in directories?
The Committee concluded that a registered U.S. Patent Attorney may hold himself out as a Patent Attorney in directories and the like to the extent his federal patent license permits, if he limits his …
Can a lawyer run a Texas Bar Journal notice advertising that he handles "European claims"?
By a 6-3 vote the Committee concluded that a lawyer may not place a Texas Bar Journal notice that he handles European claims, because the majority found the Canon 42 exception applies only when the se…
Can a lawyer let a business client identify him as the company's attorney in the company's newspaper advertisement?
The Committee concluded that a lawyer should not permit a savings institution, an automobile dealer, or a small loan company to identify him as its attorney in a newspaper advertisement, because such …
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…
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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.