Is a gratuitous insult in a letter from one lawyer to another a Canon violation, or just a matter for a grievance committee?

Plain-English summary

The inquiry asked whether the last paragraph of a letter from a member of the State Bar of Texas, written to the father of a party to a Texas divorce who lived in England, violated one or more of the Canons. The paragraph in question made gratuitous remarks about furnishing the correspondent's "little country" with American dollars and about American soldiers returning to fight its battles.

The committee deeply deplored the gratuitous insult in the closing paragraph. It concluded the letter did not violate any of the Canons of Ethics, but said the matter might possibly call for action by a grievance committee. The vote was 7-1.

Currency note

This opinion was issued in 1949, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis; lawyer misconduct generally is now addressed by ABA Model Rule 8.4. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Did the insulting letter violate the Canons of Ethics?

A: No. The committee concluded (7-1) that the gratuitous insult did not violate any of the Canons, even as it deplored the conduct.

Q: If it was not a Canon violation, was the conduct simply allowed?

A: Not exactly. The committee said the matter might possibly call for action by a grievance committee, distinguishing a Canon violation from conduct a grievance body could still address.

Background and rules framework

The opinion interprets former Texas Canon 14, which addressed ill feeling and discourtesy between advocates, applied to an offensive paragraph in a letter from one lawyer to a non-lawyer correspondent. The committee drew a line between conduct that violates a specific Canon and conduct that, while not a Canon violation, might still draw grievance-committee attention. The general modern analog is ABA Model Rule 8.4 (misconduct).

Citations and references

Rules of Professional Conduct:

• MR 8.4 (misconduct), as the general modern analog
• Texas Canon 14

See also

• TX Ethics Op. 26: A Winning Lawyer's Post-Verdict Letter to Jurors
• TX Ethics Op. 22: Communicating With the Court Outside Opposing Counsel's Presence

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-20/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_20.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

Whether the last paragraph of the following letter by a member of the State Bar of Texas violates one or more of the Canons of Ethics of such Bar, to-wit:

"Mr. Sidney T. Page, Esq.
41 Craford,
North Kettering,
Northants, England.

Dear Mr. Page:

Receipt is acknowledged of your letter of the 2nd in connection with the divorce proceeding of your daughter and Mr. Mayo. This letter I am very glad to have the privilege of reading and making reply.

I do not have the exact date the divorce judgment was entered of record at Waco, McLennan County, Texas, in the District Clerk's Office, of which Mr. R.V. McClain is Clerk and you may receive a certified copy of the decree for $1.50 American money. However, when Mr. Mayo was granted a divorce, your daughter was also granted a divorce, she may marry at any time as the decree was complete at date of entering. I believe the judgment was entered sometime in January of 1947.

The Honorable Right Mayor of your city acted as we Texans say 'Took the bull by the horns' but he could not ride the bull, and should have with all due respects for all parties served the petition and returned same as he did with the petition unserved. It is not for me to say who was right or wrong; I only acted as attorney on the information furnished to me by the plaintiff.

Mr. Mayo has married, resides on a farm near this city, and is doing well, and appears to be a very respectful citizen of this community. I see him often at our Baptist church and so far as I know he had just causes for obtaining a decree of divorce and separation from State Bar of Texas your daughter.

At this time, it looks that we are going to furnish your little country with a lot more American dollars, and I suppose in time our boys will be returning to fight your battles with American dollars and weapons as in the last two wars; however, we are a free democratic people and believe in helping the weak nations. We go where we please and do just about as we desire.

With kindest personal regards, I am . . ."

18 Baylor L. Rev. 204 (1966)

ILL FEELING BETWEEN ADVOCATES - INSULTS
A gratuitous insult contained in a letter from one attorney to another does not violate any of the Canons, but it may call for action by a Grievance Committee.

Canon 14.

The committee deeply deplores the gratuitous insult contained in such last paragraph. We do not believe that it violates any of the Canons of Ethics, but feel that it may possibly call for action by a grievance committee. (7-1)

Tex. Comm. On Professional Ethics, Op. 20 (1949)