Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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Is it misconduct for a lawyer to slip a clause into a will, without the testator's knowledge, naming the lawyer's firm to represent the estate?
Yes. The Committee unanimously concluded that inserting a provision naming the drafting lawyer's firm to represent the estate, without the testator's request or knowledge, is fraudulent and dishonorab…
Can a county judge, in private practice, defend a company in a wrongful-death suit he had ordered the guardian to file as probate judge?
No. The Committee concluded that, although Texas law did not legally bar a county judge from private practice on these facts, he should not accept employment to defend the transportation company in a …
Can a building-and-loan association require its own law firm to prepare all loan papers even though the borrower wants his own lawyer?
Yes, on these facts. A majority concluded that a building and loan association may select its own attorneys and require them to prepare all loan papers, and the selected attorneys do not violate the C…
Can lawyers form and own a collection corporation, run by non-lawyers, to collect delinquent accounts owed to lawyers?
A majority concluded it is not improper for a lawyer to form and own stock in a corporation, managed by non-lawyers, formed to collect delinquent accounts owed to lawyers. The members divided sharply,…
Can a lawyer hire a legislator as co-counsel solely to trigger a mandatory legislative continuance and delay the trial?
No. A majority concluded it is unethical, both for the legislator to accept and for the attorneys to make such employment, where a member of the Legislature is hired as co-counsel for the sole purpose…
Can a lawyer named independent executor also represent the devisees in suing a tenant who is a stranger to the will over the estate's leases?
Yes, on these facts. The Committee concluded that an attorney appointed independent executor may, at the devisees' request, represent them in a meritorious suit against a stranger-tenant for violating…
Can a lawyer submit a competitive bid when a city asks local bar members to bid for the job of recodifying its ordinances?
No. A majority concluded that submitting a bid in response to a city's general request for bids to recodify its ordinances is unethical and not in keeping with the dignity of the profession, treating …
Can a lawyer mail postcards endorsing a candidate for office that show his name, address, and 'attorney at law' designation?
By a bare majority, yes. The Committee concluded that a lawyer may mail an endorsement of a candidate showing only his name, address, and designation as an attorney at law, whether to friends or stran…
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 prosecutor (or his firm) take a contingent-fee civil damage suit arising from the same accident he is prosecuting criminally?
No. A majority concluded that a district attorney prosecuting a defendant over a highway accident may not, and neither may members of his law firm, press a civil damage suit growing out of the same ac…
Can a lawyer office with a bail-bond company, sign under its bail-bonds sign, and be paid by the bondsmen to get habeas writs for their customers?
No. The Committee unanimously concluded that a lawyer who offices with a bail-bond company, places his small professional sign under the company's prominent bail-bonds sign, is employed by the bondsme…
Can a lawyer who practices criminal law also run, or have an interest in, a bail-bond business?
No. The Committee unanimously concluded that a lawyer who practices criminal law violates Texas Canon 24 by engaging in the business of making bail or other bonds in criminal cases, under his own or a…
Can a defense lawyer post bond as surety for his own client in a criminal case?
Only with the court's leave. The Committee concluded that, although no specific canon barred it, a lawyer acting as surety on his client's bond in a criminal case violates the spirit of Texas Canon 24…
May a lawyer use a neon sign outside the building or in an office window?
No. The committee concluded that a neon sign, or any sign of unusual illumination, design, or size, is obviously intended to attract attention and is advertising in violation of Canon 27.
May a lawyer defend a suit brought by someone who earlier consulted his partner about bringing that same suit but did not retain the firm over a fee disagreement?
It depends. The committee concluded the firm is disqualified only if the partner received information helpful to the defense; if the partner did not discuss the merits or acquire usable facts, the def…
Can a lawyer manufacture a dispute in a workers' compensation case just to charge the maximum allowed contingent fee?
The opinion concluded the lawyer cannot. It is unethical to concoct an aura of contest where there is no true contest, or before any conflict is known, for the sole purpose of charging the statutory m…
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 lawyer have his phone number listed in a city directory when the listing depends on subscribing to the directory in advance?
Yes. The Committee unanimously concluded that it is not a violation of the Canons for a lawyer to have his telephone number shown beside his name and address in a city directory, in both the alphabeti…
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 lawyer who is also a licensed CPA hold himself out as practicing both law and accounting at the same time?
A lawyer may use his accounting knowledge in his law practice, but the Committee concluded that if he holds himself out as a practicing accountant he should not at the same time hold himself out as a …
Is a judge disqualified when his lawyer-son tries a case, on contingency, in his court, and can the judge set his son's fee?
A judge is not disqualified merely because his son is one of the attorneys, in either a civil contingent-fee case or a criminal case, because the attorney is not a 'party.' But the Committee concluded…
Can a firm distribute printed real-estate sale forms that show the attorneys' names and the firm as escrow agent?
No. A majority of the Committee concluded that a firm's practice of providing printed real-estate sales agreement forms showing the issuing attorneys' names and the firm's name as escrow agent violate…
Can a lawyer put a window sign reading 'Tax Service' or 'Income Tax' on the office, and how big can an office-location sign be?
No to the tax-service sign. The Committee unanimously concluded that a window sign reading 'Tax Service' or 'Income Tax,' whether placed by the lawyer or by office-mates on his behalf, is improper adv…
Can a lawyer serve as district attorney while remaining a member of a private law firm?
Yes, by a bare majority. The Committee concluded (5-4) that a lawyer may continue as a member of a law firm while holding the office of district attorney, so long as no member of the firm takes a civi…
Must a criminal defense lawyer who spots a fatal defect in the indictment point it out to the court or prosecutor?
No, by majority. The Committee concluded (6-4) that a lawyer defending a criminal case is not required to call attention to a fatal defect in the client's indictment; there is no obligation to help th…
Can a claimant's lawyer write the unrepresented tortfeasor about the claim, and how much can the letter say about the law and the recipient's position?
The Committee unanimously agreed a claimant's lawyer may write the unrepresented opposing party to notify him of the claim and suggest he seek counsel, but a majority (5-3) held the letter at issue vi…
Can a lawyer display or hand out photocopies of large settlement or jury-award checks to advertise results?
No. The Committee unanimously concluded (8-0) that making photocopies of sizeable settlement or award checks bearing the lawyer's name, exhibiting them in the office, or letting clients keep copies vi…
Can an accounting firm keep a lawyer on staff to provide legal services to the firm's clients?
No. The Committee unanimously (8-0) approved ABA Opinion 272: a lawyer may be salaried by an accounting firm to advise the firm itself, but the employment may never be used to enable the accounting fi…
Can patent lawyers list their names in a telephone directory under a separate 'Patent Lawyers' heading in addition to the general 'Attorneys' listing?
No. The Committee unanimously (8-0) followed ABA Opinion 53 and held that a lawyer's telephone-directory listing is limited to one section under the general head 'Attorneys' or 'lawyers'; listing the …
Can a county attorney who prosecutes misdemeanors take paid employment as a special prosecutor in felony cases in the same county?
Yes, conditionally. A majority of the Committee (5-3) concluded that if the county attorney has no duty to prosecute or assist in prosecuting felony cases, the Canons do not prohibit him from acceptin…
Can a justice of the peace practice law as an advocate in cases that arose in his own court or in other courts?
Largely no. The Committee unanimously (8-0) concluded it is improper for a justice of the peace to participate in any case originating in his court or any other justice-of-the-peace court, improper to…
Can a law firm seek a pardon or parole for a prisoner when a firm member, as a former district attorney, prosecuted and convicted that prisoner?
The Committee deadlocked. It split evenly (4-4) on whether a firm may accept employment seeking a prisoner's pardon or parole when a member of the firm, as the former district attorney, prosecuted and…
Can a lawyer representing a client in one case take on an unrelated case suing that same client?
It is a very close question on which the Committee divided. A plurality concluded that where a lawyer's employment is limited to one case, accepting employment against that client in a wholly unrelate…
Can a lawyer add a line to his telephone-directory listing stating that he is a member of a local bar association?
No. The Committee concluded (6-2) that listing 'Member [local] Bar Association' under a lawyer's name in the attorneys section of a telephone directory is improper advertising under Canon 24.
Can a lawyer use postage-meter slogans urging civic participation, like 'please vote' or 'Give to the Heart Fund,' without it being improper advertising?
Yes. A majority of the Committee (7-1) saw nothing improper in lawyers using postage-meter slogans that encourage civic participation, with most regarding the practice as praiseworthy rather than adve…
May a law firm call itself 'John Doe and Associates'?
No. The committee concluded that the firm name 'John Doe and Associates' is improper under Canon 33, because 'associates' is misleading and amounts to a trade name barred in the selection and use of a…
May a lawyer place a journal card advertising that he specializes in writing briefs for other lawyers?
No. The committee concluded such a card is improper, because Canon 46 allows a notice only for a genuinely specialized service rendered to other lawyers, and brief-writing is not a specialty: legal re…
May a lawyer take estate work from clients steered to him by an insurance salesman who uses the lawyer's opinion to sell insurance?
No. The committee concluded that an arrangement where an insurance salesman introduces customers to a particular attorney for estate and tax work is a direct violation of the Canons, because the sales…
May a lawyer run a professional card in a newspaper, and is he responsible if the paper prints it without his consent?
No. The committee concluded a lawyer's professional card in a newspaper is improper indirect advertising under Canon 27; the lawyer must ask the publisher to remove it, and the absence of his name fro…
Is it unethical for a lawyer to pose for a newspaper photo published with a story about a large judgment he won?
Yes, if the lawyer procured the picture's use. The committee concluded that posing for a published photo tied to a case the lawyer handled is improper indirect advertising under Canon 27, though a law…
Can a lawyer run a classified newspaper ad asking 'Is it wise to settle?' and urging people who are sued or have a claim to seek a lawyer's advice?
No. The Committee concluded (7-1) that a San Antonio classified ad reading 'Is it wise to settle? If sued or have a claim, a lawyer's advice is helpful' violates Canons 24 and 25, applying its earlier…
Can a lawyer run a separate sideline business and mention on its letterhead that he is an attorney?
Partly. The Committee unanimously (8-0) concluded a lawyer may conduct another business that is completely divorced from his law practice, but referring on that business's letterhead to his status and…
When a client hires new counsel and demands the file, must the lawyer hand over everything, including his own work sheets, or may he keep some of it?
The Committee unanimously (8-0) concluded the lawyer need not deliver his entire file: he should retain matters purely personal to him and turn over only papers that affect the client's rights or thei…
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…
If a lawyer is also a city judge, what matters are off-limits for him and his firm, and when must he recuse from cases involving firm clients?
The Committee unanimously (6-0) answered all five questions in the affirmative: a city judge and his firm may not represent parties in matters tied to his judicial role (civil suits ancillary to crimi…
Can a lawyer who represented a guardian of an estate keep representing that guardian when a successor guardian contests the first guardian's accounts?
Yes. The Committee concluded (7-1) that having represented the former guardian in administering the estate does not preclude the lawyer from representing that guardian against a successor guardian's c…
Can a lawyer who works as a landman use letterhead and drafts that show only his name, address, and 'oil,' without indicating he is an attorney?
Yes. The Committee concluded (7-0) that it would not violate the Canons for an attorney acting as a landman to use stationery that does not indicate he is an attorney.
Can a district attorney prosecute defendants his former law firm was hired to defend, even though he never actively worked on the case?
No. The Committee concluded (7-0) that it would violate Canon 6 for a district attorney to represent the State against defendants his former firm had been employed to defend, because he was their atto…
Can a lawyer mail an announcement stating he specializes in administrative and labor law and is a resident partner of an out-of-state firm?
No. The Committee concluded (7-1) that the announcement violates the Canons because Canon 42 allows a specialty announcement only for service rendered directly and only to other lawyers, administrativ…
Can one lawyer represent both a deceased man's widow and his unremarried former wife (the mother of his minor children) in the same damages suit?
No. The Committee concluded (8-1) that because a potential conflict exists between the rights of the widow and those of the minor children, it would violate Canon 6 for one attorney to represent all t…
Can a lawyer be credited in a school annual or civic program as a contributor with a notation that he is an attorney?
Not with the lawyer notation. The Committee concluded (8-1) that adding a statement that the contributor is an attorney to a school-annual or civic-program acknowledgment is advertising barred by Cano…
Can a district attorney prosecute a husband for child desertion while also representing the wife in her divorce action?
No. The Committee unanimously concluded (9-0) that prosecuting the husband for the State while taking private employment for the wife in a closely related divorce is a representation of conflicting in…
Can a sitting city judge take private employment to appear before the city council seeking a zoning change for a client?
No. The Committee held (5-4) that it would violate Canon 6 for a city judge to accept private employment to appear before the city council to seek amendment of a zoning ordinance.
What should a lawyer do when the estate administrator he represents has concealed and sold estate property without accounting for it?
The committee concluded the lawyer should first advise the administrator-client to inventory everything, account for items sold, and make restitution; if the client refuses, the lawyer should inform t…
May a plaintiff's lawyer write directly to a represented defendant about the case without the defense lawyer's knowledge?
No. The committee concluded that a plaintiff's lawyer who writes the represented defendant directly about the merits and likely outcome of the case, without the defense lawyer's knowledge or consent, …
May a lawyer call himself a 'tax attorney' or 'corporation lawyer' on his letterhead or shingle, or let a civic club list him that way in its roster?
No on the letterhead, office door, or shingle: designating a special branch is indirect advertising barred by Canon 27. But a civic club may list him by occupational branch in its members' roster, as …
Can a lawyer who is a city council or county board member sue that same city or county on behalf of a private client?
The opinion concluded the lawyer should not. An attorney who serves on a city council or county board cannot give undivided loyalty both to the governing body and to a client suing that body, so repre…
In a subrogation suit, can the liability insurer's lawyer pressure the insured against his own interest, and can the lawyer deal directly with the nominal plaintiff?
Only with full disclosure as to the insured. The Committee held (8-2) the lawyer may not warn the insured of policy cancellation without full disclosure and a suggestion to get his own counsel, and un…
Can a lawyer's professional card describe him as a 'Personal Injury and Workmen's Compensation Lawyer'?
No. The Committee concluded (7-3) that a professional card describing the lawyer as a 'Personal Injury and Workmen's Compensation Lawyer' violates Canons 24 and 39, because those are not recognized sp…
Before filing suit, can an injured client's lawyer write an unrepresented tortfeasor to offer settlement within policy limits, and warn of excess-judgment exposure?
The offer is allowed, the threat is not. The Committee held (9-1) it is not improper to write an unrepresented tortfeasor offering compromise within policy limits, but unanimously (10-0) that warning …
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.