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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If a workers' comp claimant asks the employer's lawyer whether to appeal the board's award, what can that lawyer say without breaching loyalty to the employer?
The Committee held (7-0) that the employer's attorney should disclose his position to the claimant, represent the employer with undivided fidelity without revealing its confidences, and, if the claima…
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 …
Can a justice of the peace who is also a lawyer practice criminal law in higher courts or in another county?
The Committee answered yes (6-1), but only where the matter has not been before him in any way in his capacity as justice of the peace, and a majority added that it would be highly preferable for the …
Can a partnership announcement state that the firm's practice is restricted to certain fields like oil and gas, real property, corporations, and estates?
The Committee held (5-2) that an association announcement stating 'Practice restricted solely to matters concerning oil and gas - real property - corporations - estates' was improper and violated Texa…
When a lawyer leaving public office puts out a newspaper notice that he won't seek re-election, can it praise his legal skills or hint at taking new clients?
The Committee held unanimously (7-0) that such a notice may factually report the lawyer's public service, but may not extol his professional attainments or ability, emphasize his special familiarity w…
Can a lawyer who serves as a county judge keep practicing law, and what limits apply?
The Committee held (7-0) that a county judge may practice law within the limitations set by statute (Art. 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code); the Canons do n…
Can a lawyer write and get paid for general legal articles in newspapers or trade journals, and can he be listed as a publication's free legal adviser?
The Committee held (6-1) that a lawyer may write and sell general legal articles for newspapers, magazines, or trade journals so long as he does not advise inquirers about their individual rights, but…
Can a lawyer who is also a state senator or representative note that office on his professional card?
The Committee held unanimously (7-0) that a lawyer may not state on his professional card that he is a State Senator or State Representative; such a reference would violate Canon 39.
If a former client falsely testifies that the lawyer gave him certain advice, may the lawyer reveal the truth and testify despite the privilege?
The Committee held unanimously (7-0) that a Texas attorney falsely accused by his client (a California lawyer) in the client's California disciplinary proceeding may voluntarily testify; the client wa…
Can a lawyer advertise in the Texas Bar Journal that he is licensed before the Treasury Department and U.S. Tax Court and will handle tax work for other lawyers by mail?
The Committee held unanimously (7-0) that a Texas Bar Journal ad soliciting tax work by mail and stating that the attorney is licensed to practice before the Treasury Department and the U.S. Tax Court…
Can a Texas lawyer be listed in a regular newspaper column headed 'Legal Directory'?
The Committee held that a professional listing in a regular newspaper column headed 'Legal Directory' is not improper where it contains only the statements expressly allowed by Canon 39. The opinion h…
Can a Texas lawyer be listed in the classified section of a telephone directory?
The Committee held unanimously (7-0) that attorneys may be listed in the classified section of telephone directories, provided no advertising matter is included, consistent with ABA Opinion 241.
Can a lawyer leaving the Attorney General's office run a newspaper announcement that he now practices privately, specializing in the matters he handled for the State?
The Committee held unanimously (7-0) that a newspaper announcement saying a lawyer formerly with the Attorney General's office or another State department is now in private practice specializing in ma…
Can a lawyer place a professional listing as a newspaper ad in a general section, next to commercial ads, rather than in a legal directory column?
The Committee held unanimously (7-0) that publishing professional listings as newspaper ads in a section not set aside for lawyers as a legal directory or legal guide, here next to a patent-medicine a…
Can a lawyer print marketing slogans, like 'Wills save worry, contracts save rights,' on the back of a professional card?
The Committee held unanimously (7-0) that printing 'Safety thoughts' slogans such as 'Wills save worry' and 'Contracts save rights' on the back of a professional card violated Canons 24 and 39.
Can a lawyer place an ad in the Texas Bar Journal offering other lawyers a statewide specialized appellate briefing and argument service?
The Committee held unanimously (7-0) that a Texas Bar Journal ad addressed to members of the bar offering a statewide specialized service in briefing and arguing civil appeals in state and federal cou…
Can a lawyer run a Texas Bar Journal ad to other lawyers touting his Spanish fluency and Latin-American experience and offering to handle their clients' matters abroad?
The Committee held unanimously (7-0) that a Texas Bar Journal ad to the bar soliciting Latin-American business, listing the lawyer's qualifications and citing 'the lawyers of Travis County' as referen…
May a lawyer write signed newspaper articles commenting on appellate decisions and how they affect the public, and may he comment before the decision is final?
The Board concluded he may write such articles, under his own name, if they make no offer to advise and avoid any implication of advertising; but he may not comment on a decision until it is final, be…
After examining a title for a prospective purchaser and noting defects, may the lawyer take a fee from the seller to cure those same defects?
The Board concluded he may, but only by the express consent of all concerned given after a full disclosure of the facts, under Rule 8.
May a lawyer accept a standing monthly retainer from businesses that openly lend at usurious rates?
The Board concluded that a business association with an habitual violator of the usury laws is not to be countenanced; it is unbecoming a member of the bar and tends to bring the profession into disre…
Must a criminal-defense lawyer withdraw from defending a man accused of embezzling school funds after the lawyer is later appointed attorney for the school board?
The Board concluded he should withdraw. Representing the board generally while defending a person charged with embezzling its funds would create at least the appearance of impropriety.
After leaving office, may a former county attorney represent a divorcing wife against a husband he once prosecuted in a bastardy proceeding involving the same couple?
The Board concluded it depends. If the divorce is wholly dissociated from the bastardy matter he prosecuted, he may accept; if the divorce facts are associated with facts he investigated in office, Ru…
After leaving office, may a former county attorney represent a private client in a civil damage suit arising out of a collision caused by a crime he prosecuted in office?
The Board concluded he may not. The damage suit could not be dissociated from the facts of the collision he had prosecuted, so Rule 38 barred him from accepting the private employment.
Must a lawyer disclose a client's identity to government investigators when the client only sought advice about possibly unlawful conduct?
No. The Board concluded that a lawyer properly refused to disclose to a Customs agent the name of a client who had sought advice about possibly smuggled goods, because nothing showed the client announ…
Will the bar opine on whether a lawyer-executor may also charge the estate an attorney's fee for his legal work?
The Board declined to opine. It concluded the question of whether a lawyer-executor may charge an attorney's fee on top of his executor's fee is a matter of legal rights for the court, not professiona…
When may an office-sharing lawyer take a suit related to a matter his office-mate handled, and when is the original lawyer disqualified from the other side?
The Board concluded an office-mate may take the suit if the original lawyer is not disqualified, but that lawyer may not represent the opposing side if he learned related confidences representing the …
Can a lawyer keep a card in a city directory if he trims it to just his name and 'Attorney and Counsellor at Law'?
No. The Board concluded that even a pared-down card in a city directory violates Rules 29 and 45, because a city directory whose circulation is not confined to lawyers is not a reputable law list or d…
Can a lawyer mail other lawyers postcards advertising his brief-writing service?
No. The Board concluded that mailing postcards to lawyers soliciting brief-writing work is improper; a notice of a specialized service for lawyers may appear only in approved law lists or directories,…
Can a salaried in-house lawyer collect statutory attorney's fees in his employer's foreclosures and turn them over to the employer?
No. The Board concluded that a salaried lawyer collecting foreclosure attorney's fees and turning them over to the loan-company employer is an improper division of fees with a non-lawyer under Rule 36…
Can a lawyer who once represented an estate's administrator later sue an heir's share in that same, still-open estate for a creditor?
Yes. The Board concluded that a lawyer who briefly represented an administrator and withdrew may later accept employment from a creditor seeking to reach an heir's contingent share; nothing in Rule 8 …
Can a lawyer list his name in bold or distinctive type in a telephone directory?
No. The Board concluded that listing a lawyer's name in bold-faced type in a telephone directory is a form of advertising interdicted by Rule 29; an ordinary listing in the same style as other lawyers…
Can a lawyer run a professional card listing his specialties in a city directory aimed at the public?
No. The Board concluded that a card noting special branches of practice may go only in a reputable law list circulated among lawyers, not in a city directory aimed at the public; the directory card wa…
Can a lawyer with no interest in a case send a Supreme Court justice a letter arguing his views on the pending appeal?
No. The Board concluded that an uninvited brief-like letter to a justice about a pending case, sent without the consent or knowledge of counsel of record, is most reprehensible and exposes the lawyer …
Can a lawyer call a witness who is being paid a percentage of the recovery for testifying?
No. The Board concluded that knowingly calling a witness compensated on a contingent percentage of the recovery for his testimony is improper and contrary to public policy, and violates Rule 31's duty…
Can a former prosecutor sue on a note for the defense fees in a case he once prosecuted?
Yes. The Board concluded that a former County Attorney suing on a note given for defense fees in a bastardy case he prosecuted does not violate Rule 38, because he never passed on the facts of the not…
Can a lawyer accept collection business from a lay collection agency or unapproved law list, whether or not he shares the fee with it?
No. The Board concluded that handling collections funneled by lay agencies or unapproved law lists violates Rules 36, 37, 29, 45 and 31, both as improper fee-sharing and as touting, even when the lawy…
Can a lawyer who spots a newly filed suit send the defendant a copy of the petition and offer his services before the defendant is served?
No, where no relationship exists; the Board concluded it is prohibited solicitation under Rule 29. A lawyer on a general retainer with the defendant may forward the petition as a courtesy, but one onl…
Can a lawyer on a monthly retainer or salary from a loan company collect the attorney fees stipulated in the company's notes and turn those fees over to the company?
The Board of Governors concluded no. Whether the lawyer was on a monthly retainer or salaried, returning collected attorney fees to the loan company was an improper division of fees with a non-lawyer …
Can a lawyer who collects a contractual attorney fee in a mortgage foreclosure keep part of it and remit the balance to the client?
The Board of Governors concluded no. An arrangement under which the lawyer kept two-thirds of the foreclosure attorney fee and remitted one-third to the client was a division of fees with a non-lawyer…
Can a lawyer arrange for estate appraisers to undervalue property to dodge inheritance tax, and bill for that effort?
No. The Board concluded that arranging a deliberately low appraisal to avoid inheritance tax is a fraud on the county court and the State subjecting the lawyer to disbarment, and he may not consider t…
Can a law firm list an 'Insurance Adjustment Department' and the names of non-lawyer adjusters on its letterhead?
A firm may note an insurance-adjustment department with a bar member's name, since claim adjustment is professional employment; but listing non-lawyer adjusters' names on the letterhead is objectionab…
What are a lawyer's duties when a non-lawyer takes a case in the lawyer's absence and signs the lawyer's name to court papers?
The non-lawyer's conduct is the unlawful practice of law. If the lawyer authorized it he aided UPL and violated Rule 29; if he did not, he should proceed for the innocent client but tell the non-lawye…
Can a former judge be retained in a case that was pending before him if he never ruled on its merits?
Yes. The Board concluded that a former district judge who only allowed a routine amended-petition filing, without passing on the merits, did not violate Rule 38 by later accepting employment in that c…
Could the lawyer who drafted a will, witnessed it, and was named executor both testify about its execution and the testator's capacity and conduct the contested probate?
No. The Board concluded the lawyer could not both give substantive testimony about the will's preparation, execution, and the testator's capacity and have charge of the contested probate; Rule 21 dire…
Can a lawyer fund an indigent client's litigation expenses on a contingent-fee basis when the client likely cannot repay?
No. The Board concluded that Rule 44 lets a lawyer advance expenses only subject to definite reimbursement; financing an indigent client's litigation with no real prospect of repayment is improper cha…
What must a lawyer do when his name keeps appearing in law lists that the bar has not approved as reputable?
He must promptly act to discontinue the listing; under amended Rule 45 a lawyer who permits his card to continue in an unapproved publication after notice is guilty of unprofessional conduct, and unap…
Can a lawyer start an insurance-adjusting business and mail cards to insurance companies announcing the service?
If the lawyer adjusts claims, mailing such cards is prohibited solicitation under Rule 29; even a pure fact-investigation business raises concern when it can become a cloak for indirect solicitation o…
Could a lawyer accept a retainer and charge a reasonable fee to help a person obtain a leave of absence, parole, or pardon?
Yes. Adopting ABA Opinion 61, the Board concluded a lawyer may accept a reasonable fee for representing a convict in a parole or pardon application, subject to the rules of professional conduct: no so…
After representing taxpayers who fought a school-district annexation, could the lawyer later represent the annexing district resisting their effort to withdraw?
No. The Board concluded the lawyer could not, on the same annexation controversy, switch to represent the school district resisting the former clients' withdrawal; Rule 8 forbids later employment adve…
Could a sitting mayor take an assigned share of the contingent fee in the city's own litigation and then vote, as a commissioner, on its settlement?
No. The Board condemned a mayor who took an assigned interest in the contingent fee for the city's litigation while on the city commission, then voted on the settlement; it violated Oklahoma public po…
Could a lawyer who serves as president of a town's board of trustees also be the town's paid attorney in its legal work?
No. The Board concluded that a lawyer serving as president of an incorporated town's board of trustees could not be paid to represent the town as its attorney, because a Oklahoma statute voids any con…
Could a lawyer agree to take stolen jewels as a fee so a felon would reveal their location, planning instead to tip off authorities and return them?
No. The Board concluded a lawyer is never justified in planning to double-cross a person he agrees to serve as a lawyer; preserving client confidence is paramount even to recovering stolen property fo…
May a lawyer refuse to disclose the whereabouts of a client who jumped bail and is living as a fugitive under an assumed name?
No. Adopting an ABA committee opinion, the Board concluded that a lawyer's knowledge of a bail-jumping fugitive client's whereabouts is not privileged, that the lawyer has a duty to disclose it to the…
Could a lawyer write a magazine article on the law under his own name and note that he is a member of the bar?
Yes. The Board concluded a lawyer may properly write an article giving information on the law, here on wills, and may let his name appear as author with a reference to his bar membership, so long as h…
Could a lawyer split collection fees or commissions with a non-lawyer collection agency or law list that forwarded the matter?
The Board concluded no. A 1936 amendment to Rule 36 removed the old forwarder exception and expressly condemned sharing collection commissions between a non-lawyer forwarder and a lawyer receiver.
May a former city attorney who defended the city in nuisance suits over its sewage plant later represent those same plaintiffs suing the city for continuing the same nuisance?
The Board concluded no. Under Rules 38 and 8, a former city attorney could not accept employment against the city in a matter he had passed upon and defended while in office, even for damages arising …
Could a lawyer have a professional card published in a newspaper, even free of charge, without violating the ethics rules?
The Board concluded no. Under amended Rule 29, a lawyer's card could be published only in an approved law list or directory; publishing cards in newspapers, with or without charge, was prohibited.
Is it ethical for a lawyer taking an adverse party's deposition to ask questions he knows are incompetent, irrelevant, and immaterial, relying on the officer's inability to exclude the answers?
The Board concluded no. Knowingly eliciting incompetent, irrelevant, and immaterial deposition testimony is an abuse of process and unprofessional conduct that could subject the lawyer to discipline.
Could a contingent-fee lawyer hire an accountant whose pay would come only out of the contingent fee, by assigning the accountant a share of that fee?
No. The Board concluded a lawyer on a contingent fee could not pay an accountant solely out of, and by assigning an interest in, the contingent fee; it improperly divides fees with a non-lawyer under …
May a lawyer employed by the State Banking Department as a liquidating agent take a client's case suing the State on relation of the bank commissioner over a different insolvent bank?
The Board concluded yes, but only if the lawyer had not obtained any information about the facts of the proposed suit through his department employment; if he had, accepting the case would be improper…
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.