Can a lawyer send the opposing party copies of the letters the lawyer writes to opposing counsel?

Plain-English summary

The Committee was asked whether it is proper for an attorney to send copies of letters written to opposing counsel to the opposing counsel's client.

The Committee concluded that, as a general rule, an attorney should not send copies of his letters to opposing counsel to opposing counsel's client. It recognized one exception: an attorney may send to both opposing counsel and the opposing party a demand that the party submit to a physical examination. The Committee cited Canon 9, along with prior Opinions 97, 101, 130, 139, 163, 170, and 355, and recorded the vote as 9-0.

Currency note

This opinion was issued in 1971, under the former Texas Canons and Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Communication with a person represented by counsel is now governed by Texas Rule 4.02 and ABA Model Rule 4.2. 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 Treat this page as historical context, not current guidance.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: May a lawyer copy the opposing party on letters sent to opposing counsel?

A: As a general rule, no. The Committee concluded that an attorney should not send copies of his correspondence with opposing counsel to opposing counsel's client.

Q: Is there any exception?

A: Yes. The Committee said an attorney may send to both opposing counsel and the opposing party a demand that the party submit to a physical examination.

Q: What rule did the Committee rely on?

A: It cited Canon 9, together with prior Opinions 97, 101, 130, 139, 163, 170, and 355, and recorded a 9-0 vote.

Background and rules framework

The opinion interprets former Texas Canon 9, addressing communications directed to a party represented by other counsel. The modern analog is Texas Rule 4.02 and ABA Model Rule 4.2 (communication with a person represented by counsel).

Citations and references

Rules of Professional Conduct:

• MR 4.2 (communication with a person represented by counsel), as the modern analog
• Texas Canon 9 (former Texas Canons of Ethics)

Other opinions cited:

• Texas Ethics Opinions 97, 101, 130, 139, 163, 170, 355

See also

• TX Ethics Op. 488: Advising a Client to Contact a Represented Creditor Directly
• TX Ethics Op. 461: Contacting Employees of a Represented Corporate Defendant
• TX Ethics Op. 613: Notice to a Represented Claimant of a Settlement Payment

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-358/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_358.pdf

Original opinion text

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

QUESTION PRESENTED

Is it proper for an attorney to send copies of letters written to opposing counsel to the opposing counsel's client?

Tex. Comm. On Professional Ethics, Op. 358, V. 35 Tex. B.J. 106 (1972)
Canon 9.

As a general rule, an attorney should not send copies of his letters that are written to opposing counsel to opposing counsel's client; however, an attorney may send to the opposing counsel and to the opposing party a demand that such party submit to a physical examination. See Canon 9; also Opinions 97, 101, 130, 139, 163, 170, and 355. (9-0.)

An attorney should not, as a general rule, send copies of his correspondence with opposing attorney to the opposing attorney's client.

Tex. Comm. On Professional Ethics, Op. 358 (1971)