Texas Professional Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Texas Professional Ethics Committee, with full citations and source links on every page.
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After leaving my old firm, can my new firm represent a party against a client my old firm represented while I was there?
The Committee concluded that a new firm formed by lawyers who left a firm representing one party may represent the opposing party in that litigation if doing so does not violate Rule 1.09(a); on these…
Can my firm pay class-action clients a share of the court-awarded attorneys' fees we earned by objecting to a settlement on their behalf?
The Committee concluded that a law firm may not distribute to its nonlawyer clients any portion of court-awarded attorneys' fees, even as recognition of the clients' expense and inconvenience; doing s…
I represent the lender in a real estate closing. Can I prepare the seller's deed and bill the seller if the seller never asked me to and isn't my client?
The Committee concluded that a lender's attorney may prepare loan documents and be paid by the purchaser-borrower, but may not prepare a deed for the seller without the seller's request unless the att…
Can I accept a personal-injury referral from a chiropractor or doctor who found the patient through telemarketing off accident reports?
The Committee concluded that a lawyer does not violate Rule 7.03(b) by accepting a referral from a health-care provider who solicited the referred patient through telemarketing solely to provide healt…
If I find out another lawyer at my firm gave a client clearly negligent advice, must I tell the client or report it to the State Bar?
The Committee concluded that an associate who discovers clearly negligent legal services by another firm lawyer must inform the firm's partners or shareholders; if he resigns before confirming the cli…
What must my firm do after discovering that a partner who recently joined lied about his degrees and law license?
The Committee concluded the firm must take reasonable remedial action: end the relationship with the unlicensed person (continuing it would assist the unauthorized practice of law under Rule 5.05), se…
Can I mail a non-personalized letter and videotape to an injured person I found in a newspaper article to solicit them as a client?
The Committee concluded that mailing a non-personalized letter and videotape to a prospective client whose identity came from a newspaper article, to obtain employment, is not prohibited if it satisfi…
Do I have to report another lawyer to the bar if I only suspect, but can't prove, that the lawyer committed misconduct?
The Committee concluded that Rule 8.03(a) requires reporting only when a lawyer has knowledge, not mere suspicion, that another lawyer committed a violation; a mandatory report must rest on objective …
My firm runs and funds a foreign government's legal aid office for its nationals in Texas. Can we contact those nationals to solicit them, and can the office take a matter we're conflicted out of?
The Committee concluded the firm and the legal aid office may contact the foreign nationals as a 'qualified non-profit organization' under the DR 7.03(a) solicitation exception, but may not accept fee…
Can I write a fee agreement that pays me the greater of my full hourly fee or my usual contingent percentage of the recovery?
The Committee concluded that, absent very unusual circumstances, an arrangement paying the attorney the greater of a full reasonable hourly fee or a full reasonable contingent percentage appears to vi…
Are a government lawyer's telephone records confidential under Rule 1.05, or must they be released under the Texas Open Records Act?
The Committee concluded that a government lawyer's telephone records relating to client work are normally confidential information under Rule 1.05(a), and Rule 1.05(b) bars disclosure unless an except…
I'm licensed out of state and practice only federal immigration law in Texas. Is the Texas bar's discipline a concern, and what is the risk for a Texas lawyer who employs me?
The Committee concluded the State Bar of Texas has no disciplinary jurisdiction under Rule 8.05(a) over an attorney not licensed or specially admitted in Texas; it assumed (without deciding the UPL qu…
Can I sign up with a for-profit contract-lawyer placement agency that places me with firms for short-term projects and takes a cut of the billing?
The Committee concluded a lawyer may use a contract-lawyer placement agency if the lawyer safeguards client confidences, the lawyer and firm comply with the conflict rules, the lawyer is supervised by…
Can I secretly record a phone call I'm on without telling the other party, and can I advise a client to record a call they're on?
The Committee concluded that, reaffirming Opinion 392, a lawyer may not electronically record a conversation with another party without first informing that party (Rule 8.04(a)(3)); a lawyer may advis…
Can our firm's in-house CPA testify as an expert witness in a case the firm is handling?
The Committee concluded that a lawyer who uses an in-house accountant as a testifying expert in the firm's own case violates Rules 5.03, 3.08, and 1.05, unless the accountant's testimony is of the sam…
Can our corporation's in-house lawyer be loaned to provide legal services to a joint venture we're part of, without a conflict or unauthorized-practice problem?
The Committee concluded that an in-house lawyer loaned to a joint venture may represent it despite the potential Rule 1.06 conflict if the lawyer reasonably believes neither representation will be mat…
Can a law firm sue, or decline to sue, a father on behalf of his children when the firm has represented the father in related criminal, divorce, and estate matters, if the father waives the conflict but the children's guardian does not?
The Committee concluded the firm may not represent the children. The matters are substantially related and directly adverse, the representation would be adversely limited by the firm's duties to the f…
Can a lawyer recommend and participate in a deal where the client pays a nonlawyer investigator a contingent fee out of the recovery, in addition to the lawyer's own contingent fee?
The Committee concluded a lawyer may participate in such an arrangement if four conditions are met: the lawyer fully explains it and the fee agreement contemplates it; the investigator's contingent fe…
Can lawyers who only share office space list their names together on the suite door, like a firm, if they add a line saying they are independent practitioners?
The Committee concluded that displaying the lawyers' names separated only by commas suggests a professional relationship that does not exist and misleads the public, violating Rule 7.04(a) and (d); th…
Can a law firm lease its lawyers and staff from a nonlawyer-owned employee leasing company that also leases lawyers to other firms, to get cheaper benefits?
The Committee concluded the arrangement does not involve improper fee-sharing (the leasing fee is fixed, not tied to the firm's billings) and is not the unauthorized practice of law (the leasing compa…
Can a lawyer run a newspaper ad aimed at people with a specific legal problem, and can the lawyer send a layperson a letter proposing to trade client referrals?
The Committee concluded that a targeted print advertisement is permissible if it complies with Rule 7.01 and is not false or misleading; a bare promise of cash settlements without qualification may cr…
Can a lawyer give the Texas Workers' Compensation Commission a general description of attorney-client conferences to get a fee approved, without breaching client confidentiality?
The Committee concluded that a general description of the nature of attorney-client conferences (for example, 'discussed client's medical treatment') is confidential but not privileged information, an…
Can a law firm agree, as part of settling a case, not to solicit other clients or share fees in the future on claims against the same opposing party?
The Committee concluded that both clauses violate Rule 5.06(b). A settlement term that restricts a lawyer's solicitation beyond what the rules and law already allow, or that bars the lawyer from shari…
Does a criminal defense lawyer have to correct a prosecutor's wrong statement in court that the defendant has no prior convictions, when neither the lawyer nor the defendant said anything false?
The Committee concluded the lawyer need not correct the prosecutor's mistaken statement and may remain silent, because neither the lawyer nor the client made a false statement and the client committed…
Can one lawyer represent both a driver and a passenger, or two injured co-plaintiffs, in a car-accident case, and what disclosures are needed?
The Committee concluded that joint representation of co-plaintiffs (such as a driver and passenger) is permitted under Rule 1.06(c) if the lawyer reasonably believes neither representation will be mat…
Can a lawyer who serves as a city commissioner defend criminal cases where the city's police investigated, were victims, or where the city judge issued the warrant, and can the lawyer's partner?
The Committee concluded that such representation creates a conflict under Rule 1.06(b)(2) between the lawyer's interests as a city commissioner and the client's interests, and the conflict is imputed …
After serving as a mediator, can the lawyer or the lawyer's firm later represent one of the parties to the mediation, or take a matter against that party?
The Committee concluded a mediator is an adjudicatory official under Rule 1.11. During the mediation, the mediator and firm may not represent for or against a party in any related or unrelated matter …
Can a nonprofit public-interest legal organization require the volunteer attorneys it refers civil rights cases to, to hand over the attorney's fees they win?
The Committee concluded it cannot. A cooperating attorney may not agree to share legal fees with a nonprofit public-interest organization that referred the case, because Rule 5.04 prohibits sharing le…
Can a lawyer on a nonprofit legal-aid referral panel pay the referral service a set fee plus a share of fees earned on referred cases?
The Committee concluded that a panel attorney may remit a fixed referral charge and a share of earned fees to a nonprofit lawyer referral service operated in compliance with Article 320d (the statute …
If a lawyer leaves a firm, can he later represent a party against someone his old partner once consulted, when he never personally got any confidences from that person?
The Committee concluded the departed lawyer may take the representation. Under Rule 1.09(c), a lawyer who leaves a firm without personally coming within Rule 1.09(a)'s restrictions is not vicariously …
Can a lawyer on salary at a non-lawyer-owned company draft estate-planning documents for the company's customers, and can he have nonlawyers gather the client information?
The Committee concluded a salaried lawyer may prepare estate planning documents for a nonlawyer-owned corporation's customers only if the corporation receives no payment, markup, commission, or profit…
Can a law firm hand a collection agency the client's name, bills, fee agreement, and file to collect unpaid legal fees?
The Committee concluded that a lawyer may not disclose confidential client information to an independent collection agency to collect fees unless the client consents after consultation. Most fee and s…
Can Texas lawyers organize their law practice as a Texas limited liability company?
The Committee concluded they can. It found no provision in the Texas Disciplinary Rules of Professional Conduct that would prohibit two or more attorneys from practicing law as a limited liability com…
Can a Texas lawyer charge a contingent fee to collect past-due child support, and use a power of attorney and escrow account for the recovered money?
The Committee concluded a contingent fee is permissible. Comment 9's concern that contingent fees in divorce discourage reconciliation does not apply because the parties are already divorced, so a rea…
Can a government agency's in-house lawyer tell opposing counsel and an administrative law judge that the agency has jurisdiction when the lawyer knows there is no factual basis for it?
The Committee concluded that knowingly misrepresenting a factual basis for jurisdiction violates Rule 3.03 (candor to a tribunal), Rule 3.01 (no frivolous position), and Rule 4.01 (truthfulness to oth…
Can a lawyer represent a wife in a divorce when the husband had a brief paid consultation with the same lawyer about divorcing her years earlier?
The Committee concluded the lawyer is disqualified. An attorney-client relationship existed from the husband's paid 1986 consultation (the confidentiality duty can attach to one who sought to employ t…
Can a Texas lawyer form a limited liability partnership with nonlawyer professionals like engineers and accountants to share revenue from common clients?
The Committee concluded a lawyer may not. Rule 5.04(b) bars forming a partnership with a nonlawyer if any of the partnership's activities is the practice of law, and Rule 5.04(a) bars sharing legal fe…
Can a lawyer let a creditor use the lawyer's letterhead for debt-collection letters when the lawyer has little involvement with the accounts?
The Committee concluded that using a lawyer's stationery for collection is not improper per se, but the lawyer must exercise independent professional judgment on each account: review the debtor's file…
Can a personal-injury lawyer charge interest on loans to clients, refer clients to his own loan company, and co-own medical facilities his clients use?
The Committee answered all of the questions in the affirmative, but only on the narrow facts and only if none of the cited rules, comments, or prior opinions is violated. The arrangements implicate th…
If a jointly defended co-defendant turns hostile and hints he may change his testimony, can the firm share his recorded statement with the other parties, and must it withdraw?
The Committee concluded the firm may not disclose the former client's transcript to the insurer, the insured, or the other ex-employee. Only if the client actually moves to commit perjury may the firm…
Can a law firm let clients pay legal fees by borrowing from an independent finance company that pays the firm at least 90% of the amount borrowed?
The Committee concluded the arrangement is not prohibited and is a finance arrangement, not fee-splitting, because the finance corporation neither solicits clients nor performs legal services, so reta…
Can lawyers who leave a firm use the name of a deceased partner from that old firm in the name of their new firm?
The Committee concluded they may not. Rule 7.04 lets a firm keep a deceased or retired lawyer's name only if that lawyer was a member of the firm or of a predecessor firm in a continuing line of succe…
Can a bank charge loan applicants a fee for mortgage documents its salaried in-house lawyer prepares when the bank keeps the whole fee?
The Committee concluded it cannot. If the bank charges the applicant a fee specifically for the in-house lawyer's preparation of the applicant's loan documents, that is a fee for legal services, and t…
Can a law firm sponsor and run an educational seminar marketed to a specific group of laypeople, like realtors, without violating the advertising rules?
The Committee concluded a firm may do so. Nothing in the Disciplinary Rules expressly bars a lawyer or firm from conducting a seminar for laypeople, and no rule is violated if the firm and the lawyers…
Can a lawyer advise a client to contact the opposing creditor directly to get an account statement without telling the creditor the client has a lawyer?
The Committee concluded the lawyer may. The client was entitled to request his own account statement, so advising him to do so did not violate the no-contact rule (4.02) even if the creditor had in-ho…
Can a firm jointly represent an employer and employee co-defendants under an advance agreement that lets it share confidences and keep representing the employer if a conflict arises?
The Committee concluded the arrangement was permissible if the firm fully informed both clients of the implications before they signed. Consent to disclose confidential information under Rule 1.05(c)(…
Does the no-contact rule (Rule 4.02) bar a lawyer representing a city employee in a grievance from communicating with other city employees?
The Committee concluded Rule 4.02 applies even when no litigation is pending or contemplated, so the lawyer generally needs the city attorney's consent to contact managerial city employees or those wh…
If a law firm pledges its accounts receivable to a bank, can it give the bank its clients' names and the amounts each client owes?
The Committee concluded it cannot, absent the clients' informed consent. Both the client names and the amounts owed are confidential information under Rule 1.05, which protects all client information …
Must a lawyer tell the bankruptcy court that a former client secretly got back the settlement funds at issue and put them in a trust, even though the client invokes privilege?
The Committee concluded the lawyer must first make a good-faith effort to get the former client to authorize disclosure to the bankruptcy court, and if that fails, must disclose the fact without the c…
Can Texas lawyers who only share office space and split costs practice under a common name like 'Law Offices of A and B' without being actual partners?
The Committee concluded that practicing under a common name like 'Law Offices of A and B' represents to the public that a partnership exists, even when the lawyers keep separate finances and do not sh…
Can a Texas lawyer be disciplined for refusing a mandatory court appointment to defend an indigent criminal client when the lawyer has no criminal experience?
The Committee declined to decide whether a bar association or court may mandate appointments or charge a fee in lieu, calling those questions of law outside its authority. It noted that under Rule 6.0…
Does a lawyer employed by a membership organization to help its members have a conflict of interest with the organization that pays him when referrals to outside counsel raise the organization's insurance costs?
The Committee concluded that no conflict exists where the organization neither instructs the lawyer to limit referrals nor interferes with the lawyer's judgment in handling member matters. Because the…
Does a lawyer have to withdraw from representing a client when the opposing party says it intends to call the lawyer as a witness?
The Committee concluded no. The lawyer-as-witness rule (Rule 3.08) does not require withdrawal where the lawyer is called by the opposing side rather than by his own client and is not a witness necess…
Can a lawyer contact an individual city council member directly during a lawsuit when the city is represented by the city attorney?
The Committee concluded that the contact violated Rule 4.02. The rule bars a lawyer from communicating about the subject of the representation with persons who have managerial responsibility for a rep…
Must an appointed criminal defense lawyer tell the court that the client lied about being indigent, or later became able to afford a lawyer?
The Committee concluded that disclosure is required. Rule 3.03(a)(2) requires a lawyer to disclose a fact to a tribunal when necessary to avoid assisting a criminal or fraudulent act, and Rule 1.05(f)…
If a law firm hires a secretary or legal assistant who worked for the opposing firm in a pending case, must the hiring firm be disqualified?
The Committee concluded that disqualification is not automatic. The current rules do not require automatic disqualification to avoid an appearance of impropriety, but Rule 5.03 requires the supervisin…
Can a law firm represent a client on appeal when a lawyer in the firm, who won't argue the appeal, testified as a fact witness at the trial?
The Committee concluded that, with the client's informed consent, the firm may handle the appeal. Rule 3.08 limits a lawyer who is a necessary witness from also serving as advocate, but with informed …
Can a Texas lawyer mail a personalized letter or firm brochure to an accident victim offering legal services?
The Committee concluded that targeted direct-mail letters and brochures to potential clients known to need particular legal services are permitted, consistent with Shapero v. Kentucky Bar Association,…
Can a law firm give a corporate client fee discounts or rebates in exchange for the corporation steering its subsidiaries to hire the firm?
The Committee concluded the arrangement is impermissible. Giving a corporation reduced fees or rebates for causing its controlled businesses to use the firm is a promise of something of value to a lay…
Can an attorney represent his own spouse in a case where he is not a party but will testify as a witness for her, and can he keep court-awarded attorney's fees?
The Committee answered all questions in the affirmative, provided the spouse would suffer substantial hardship if the attorney did not represent her and the attorney gives the required notice to oppos…
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Legal ethics opinions from the Texas Professional Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.