Can a lawyer employed full time as a bank's trust officer and vice president handle probate and other legal matters for the bank's customers?

Plain-English summary

The inquiry asked whether it violates the canons for a lawyer employed full time as a bank's trust officer and vice president to handle probate and other legal matters for persons who are customers and depositors of the bank.

The Committee concluded he could not do so without violating one or more canons. It said the situation would constitute a clear violation of Canon 24, and that a lawyer employed in that capacity who performs personal legal services for the bank's customers would be certain to violate Canon 32 and, especially in drafting wills and handling probate for such customers, would very likely violate Canon 6. The Committee referenced informal ABA Opinion C-453, at 47 ABAJ 871. It added that whether the bank would be engaged in the unauthorized practice of law is not a question of ethics and should be decided by the Committee on Unauthorized Practice of Law. The Committee ruled 9-0.

Currency note

This opinion was issued in 1963, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. It also predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which loosened categorical advertising restrictions, though prohibitions on solicitation were not eliminated. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Can a lawyer who is a bank trust officer do legal work for bank customers?

A: Under this opinion, no. The Committee held it would be a clear violation of Canon 24 and would be certain or likely to violate Canons 32 and 6.

Q: Why was probate and will work singled out?

A: The Committee said that especially in drafting wills and handling probate matters for the bank's customers, the lawyer would very likely violate Canon 6 on conflicting interests.

Q: Did the Committee decide whether the bank was practicing law unlawfully?

A: No. It said that question is not one of ethics and should be decided by the Committee on Unauthorized Practice of Law.

Background and rules framework

The opinion interprets former Texas Canons 6, on conflicting interests, 32, on a lawyer's responsibility where an intermediary is involved, and 24, on solicitation, as applied to a lawyer serving as a bank trust officer. The modern analogs are ABA Model Rule 1.7, on concurrent conflicts of interest, Model Rule 5.4, on a lawyer's professional independence, and Model Rule 7.3, on solicitation.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (concurrent conflicts of interest), as the modern analog
• MR 5.4 (professional independence of a lawyer), as the modern analog
• MR 7.3 (solicitation of clients), as the modern analog
• Texas Canons 6, 24, and 32 (former canons)

Other opinions cited:

• ABA Informal Opinion C-453, 47 ABAJ 871

See also

• TX Ethics Op. 268: Corporate Staff Lawyer Using the Corporation's Name on a Calling Card
• TX Ethics Op. 264: Accepting an Insurance Company's Fee to Promote Its Tax Plan
• TX Ethics Op. 270: Renting Offices in a Building Sharing Facilities With Non-Lawyer Tenants

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-262/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_262.pdf

Original opinion text

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

QUESTION PRESENTED

Is it a violation of the Canons of Ethics for an attorney who is employed full time as trust officer and vice president of a bank to handle probate and other legal matters for persons who are customers and depositors of the bank?

18 Baylor L. Rev. 339 (1966)

SOLICITATION - INTERMEDIARIES - CONFLICTING INTEREST
An attorney who is employed full time as the trust officer and vice president of a bank may not ethically handle probate and other legal matters for persons who are customers of the bank.

Canons 24, 32, 6.

The committee is of the opinion that an attorney who is employed full time as the trust officer and vice president of a bank cannot also handle probate and other legal matters for the bank's customers without violating one or more of the canons.

Such a situation would constitute a clear violation of Canon 24, and the committee thinks that a lawyer, employed in this capacity, who performs personal legal services for the bank's customers would be certain to violate Canon 32 and that, especially in drafting wills and handling probate matters for such customers, he would very likely violate Canon 6. Reference is made to the informal ABA Opinion C-453, found at 47 ABAJ 871.

The question of whether or not the bank would be engaging in the unauthorized practice of law is not a question of ethics and should be decided by the Committee on Unauthorized Practice of Law. (9-0.)

Tex. Comm. On Professional Ethics, Op. 262 (1963)