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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Can a law firm based in a foreign country open a Texas office that gives advice only on that foreign country's law?
The Committee concluded that running a permanent Texas office to advise even solely on foreign law is the practice of law in Texas, so a foreign firm may do it only if everyone regularly providing leg…
Can a Texas firm's letterhead list a lawyer licensed only in another state, or show a lawyer's CPA credential, or note that a lawyer is licensed in Texas and one other state?
The Committee concluded that all three uses are permissible because they are not false or misleading under DR 2-101(A); a firm may list an out-of-state lawyer (making the jurisdictional limitations cl…
If a client demands that a Texas lawyer verify a pleading under Rule 93 that the lawyer knows contains false statements, must the lawyer comply?
The Committee concluded that the lawyer must not comply; knowingly verifying a pleading the lawyer knows to be false would, at a minimum, subject the lawyer to discipline under several Disciplinary Ru…
Can a Texas lawyer keep client escrow or trust funds in an interest-bearing account and retain the interest for himself?
The Committee concluded that a lawyer may not use client money to earn interest for himself; doing so violates DR 9-102 because a lawyer who holds client funds is a fiduciary with no right to the mone…
Can a Texas lawyer or law firm let its name appear on the business card of a legal assistant or paralegal it employs?
The Committee concluded that a legal assistant may carry a business card showing the firm name as long as the legal assistant's status is clearly disclosed, the card identifies who employs the assista…
When can a lawyer who is not a partner or associate be listed as 'Of Counsel' on a Texas firm's letterhead?
The Committee concluded that 'Of Counsel' must denote a regular, continuing, and substantial relationship between the firm and the lawyer; mere availability for consultation or prior, sporadic associa…
Can a Texas attorney serve a commercial collection agency where the agency's lay staff start the collection process before the lawyer gets involved?
The Committee concluded that the arrangement is improper because it removes the direct attorney-client relationship the lawyer needs to acquire knowledge and exercise judgment, increases the potential…
Can an out-of-state law partnership run a Texas office under the same firm name, and what conditions apply?
The Committee concluded that an out-of-state partnership may operate a Texas office under the same firm name if it keeps a resident Texas-licensed partner and a resident agent for service of process, …
Can a prosecutor in a criminal case call another prosecutor from the same district attorney's office to testify as a witness?
The Committee concluded that DR 5-102 applies to a district attorney's office and everyone practicing in it as though they were a single firm, so when a prosecutor in the office ought to be called as …
Can a non-profit association arrange for a law firm to offer optional legal services to its members where members pay the lawyers directly?
The Committee concluded that the current Code permits such an arrangement (which an earlier opinion had barred), under DR 2-103(D)(5), provided the association's primary purposes are not legal service…
Does a Texas lawyer have to tell the client about every settlement offer the opposing party makes?
The Committee concluded that DR 6-101 and EC 7-7 and EC 7-8 require an attorney to disclose to the client all offers of settlement, along with the attorney's analysis and recommendation, because the d…
Can a Texas lawyer meet with someone who already has a lawyer, refuse to be discharged under a contingent-fee contract, or hold a client's files for unpaid fees?
The Committee concluded that a lawyer may confer with a represented person who seeks his advice and may take over as substitute counsel once the former lawyer is out; a lawyer must withdraw when disch…
What may a Texas lawyer do when participating in legal educational seminars, and how may such a seminar and the lawyer's role be promoted?
The Committee concluded that a lawyer is encouraged to take part in legal educational programs but must not give individual advice or seek personal publicity; promotion should publicize the seminar ra…
Can a Texas professional corporation of lawyers practice under an impersonal trade name like 'Southwest Trial Associates' that contains no member's name?
The Committee concluded that the State Bar may constitutionally bar lawyers from practicing under impersonal trade or assumed names; under DR 2-102(B) a name like 'Southwest Trial Associates' is misle…
Can a Texas attorney run an announcement in the Texas Bar Journal stating that he is available to act as an appellate consultant for other lawyers?
The Committee concluded that an attorney may place a dignified announcement in the Texas Bar Journal stating his availability as a consultant in a particular field, such as appellate work, or as an as…
Can a Texas lawyer secretly record a conversation, by phone or in person, without telling the other party it is being recorded?
The Committee concluded that, although one-party-consent recording is not itself illegal, attorneys are held to a higher standard, so normally a lawyer should not record a conversation without informi…
Must a Texas lawyer deposit advance fees and retainers into a client trust account, or can they go straight into the firm's operating account?
The Committee concluded that any advance fee or retainer the client could still get back, because it is not yet earned, belongs in part to the client and must go in the DR 9-102 trust account; only a …
Can a law firm put the name of its non-lawyer legal secretary on the firm's letterhead?
The Committee concluded that a firm may not list its non-lawyer legal secretary on the firm letterhead, because DR 2-102 limits letterhead names to lawyers and listing the secretary as a firm officer …
After a joint representation ends, can a lawyer reveal what one former co-client told him, and may the lawyer testify when that co-client later commits perjury against the other client?
The Committee concluded that the lawyer may not disclose the versions of the facts a co-client gave while the lawyer represented him, even after the relationship ends, but may disclose what the co-cli…
If a Texas lawyer personally posts a bail bond for a client, can the lawyer later go off the bond and have the client jailed?
The Committee concluded that it would violate the Code for a lawyer who personally posted a bail bond for a client he represents to go off the bond and cause the client to be jailed, unless the lawyer…
When a corporation's lawyer learns from an officer that the officer and other directors committed crimes against the company, must the lawyer tell the board, the shareholders, or the authorities, and is the conversation privileged?
The Committee concluded the answers turn on who the client is: the corporation is the client and past personal representation does not make the officer a continuing client, so if only the corporation …
In which telephone directories may a Texas lawyer list a number, and how many numbers may the lawyer list?
The Committee concluded that a lawyer may be listed in any directory covering an area where he resides, maintains an office, or where a significant part of his clientele resides, in both the alphabeti…
What kinds of exterior office signs may a Texas lawyer use, and are free-standing, rooftop, awning, or window signs allowed?
The Committee concluded that a free-standing sign, a sign extending above the roofline, an awning or canopy sign, and a window sign not on or near the office door all violate the Code, because DR 2-10…
Can a Texas lawyer answer an IRS letter asking about a former client's settled personal-injury case when the lawyer cannot reach the client for instructions?
The Committee concluded that the lawyer must decline the IRS request because the ethical duty to preserve a former client's confidences and secrets is broader than the evidentiary privilege; the lawye…
Can a Texas lawyer post signs or placards in the office or waiting room listing the types of cases the lawyer handles?
The Committee concluded that posting small signs or placards in the office or waiting room that tell readers the types of cases the lawyer handles is unethical solicitation, because such signs reach a…
Can a lawyer who serves as a city's mayor or council member practice in the municipal court or represent clients against the city or its police, and does the bar apply to the lawyer's partners?
The Committee concluded that a lawyer who is a mayor or city council member generally may not practice in the city's municipal court or represent interests adverse to the city or to its police officer…
Can a non-lawyer legal assistant write and sign a debt-collection letter on the law firm's letterhead for the firm's client?
The Committee concluded that a supervised legal assistant may write a letter on the firm's letterhead to collect a client's debt, so long as the assistant is supervised by the lawyer and signs with th…
Can a lawyer send an unrepresented debtor a collection letter that spells out, step by step, the legal consequences of not paying?
The Committee concluded that a collection letter to an unrepresented opposing party that sets out in extensive detail the legal results of non-payment violates DR 7-104(A)(2); a lawyer may write the u…
Can attorneys who own an office building give it a name like "Justice Plaza" that signals lawyers practice inside?
The Committee concluded that attorney-owners may not name their building "Justice Plaza," because a name implying that the occupants are lawyers is commercial publicity and a form of indirect solicita…
When the SEC subpoenas a lawyer to testify about a former client's affairs, must the lawyer still protect that former client's confidences and secrets?
The Committee concluded that a lawyer owes a continuing duty to preserve a former client's confidences and secrets in an SEC investigation, and may be released from it only as DR 4-101(C) or DR 7-102(…
Can a lawyer rent office space from a bank under a lease whose rent is a percentage of the lawyer's fees or net profits?
The Committee concluded that a lease paying a nonlawyer landlord rent measured by a percentage of the lawyer's gross fees or net profits violates DR 3-102, and that referral and conference-room featur…
Can a lawyer defending a class action mail copies of the complaint to others who might be affected and then take them on as clients?
The Committee concluded that distributing the complaint and accepting employment from those affected would violate EC 2-4 and DR 2-104(A)(1) and (A)(5), but that the lawyer could instead notify them t…
Can a law firm keep a deceased partner's name in the firm name or list it on the letterhead, and how should it show that the partner has died?
The Committee concluded that a firm may keep a deceased partner's name in the firm name and on its letterhead, with a suitable indication that the partner is deceased, as long as the use is not decept…
Can a lawyer take a judgment for unpaid fees against his own client in the very case the lawyer is handling, and then enforce it?
The Committee concluded that a lawyer may not ethically use a judgment for his fee against his client to collect that fee in the same litigation in which he represents the client, and that vigorous en…
Can a lawyer agree to draft the documents for customers a lay "estate planning" company regularly refers, where the planner recommends the lawyer?
The Committee concluded that a lawyer's regular, systematic participation in a lay estate-planning referral scheme is unethical solicitation through a lay intermediary, threatens the lawyer's independ…
Can a lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?
The Committee concluded that a lawyer may not send Christmas cards imprinted with a law-office signature to clients or the general public, because that is public communication calculated to attract la…
Can lawyers run or take referrals from a lawyer referral service operated by a small association of lawyers rather than the general bar?
The Committee concluded that a lawyer may not participate in a lawyer referral service unless it is operated, sponsored, or approved by a bar association representative of the general bar of its geogr…
Can a local bar association publish a member roster that lists the field of law each member concentrates in, even if the member is not a certified specialist?
The Committee concluded that a local bar association representative of the general bar may publish a roster indicating each member's field of interest, provided it is distributed only to bar members o…
Can a lawyer or district attorney hold a press conference after a trial to call the judge's actions unethical, illegal, and grounds for reversible error?
The Committee concluded that criticizing a trial judge at a post-trial press conference does not violate any Disciplinary Rule, because DR 8-102(B) bars only knowingly false accusations, though such s…
Can a lawyer represent his own law partner in a lawsuit when that partner will testify as a party-witness?
The Committee concluded that it is not improper for a lawyer to represent his law partner or associate in a suit where the partner is a party and will testify, but only because the partner is a party-…
Must a defense firm withdraw from a criminal case when a former assistant district attorney who prosecuted the case joins the firm, even if he agrees not to work on it?
The Committee concluded that the defense attorney should not continue representing the accused after a former assistant district attorney who participated extensively in the prosecution joins the firm…
Can a Texas lawyer hold a financial interest in a bail bond business that someone else operates?
The Committee concluded that it is not improper for a lawyer to hold a financial interest in a bail bond business if the lawyer does not participate in operating it and does not accept employment from…
Can a prosecutor threaten to pursue additional pending charges to discourage a convicted defendant from appealing?
The Committee concluded that a prosecutor should not take any action calculated to deny a criminal defendant the full right of due process, including the right to appeal; threatening additional prosec…
Can a Texas lawyer sell selected clients a fill-in-the-blanks 'divorce kit' so they can represent themselves in an uncontested divorce for a reduced fee?
The Committee concluded that the proposed 'divorce kit' plan was improper, resting its objection on EC 3-7 because the kit would encourage rather than discourage self-representation; it found the plan…
Can a law firm take a case in which one of its partners may have to testify as a witness?
The Committee concluded that a lawyer should not accept employment in litigation when he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except in the limited c…
Can a lawyer list in the yellow pages of more than one telephone directory in a metro area, and what counts as a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Can a lawyer contract for yellow-pages listings in more than one telephone directory in a metro area, and what is a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant part…
Can the lawyer who drafted a will, or the lawyer's secretary or relatives, serve as the attesting witnesses to that will?
The Committee concluded that it is not unethical for the drafting attorney, the attorney's employees, or the attorney's relatives to serve as witnesses to a will the attorney prepared, so long as the …
Can a law firm represent both a savings and loan association and the title insurance company that issues title policies to it, where firm members are the S&L's president and closing attorney?
The Committee concluded that, on the stated facts, a firm may represent both a savings and loan association and a title insurance company that issues title insurance to it because full disclosure was …
Can a lawyer send the opposing party copies of the letters the lawyer writes to opposing counsel?
The Committee concluded that, as a general rule, an attorney should not send copies of letters written to opposing counsel to opposing counsel's client; an exception is a demand that the opposing part…
Does an illuminated neon sign bearing a law firm's name near the office entrance violate the Texas Canons of Ethics?
The Committee concluded that the described neon sign would violate Canon 24, which prohibits direct and indirect solicitation; a law-office sign must be of modest size and serve to help a person find …
Can a district attorney use his official government stationery when handling his own private civil cases?
The Committee concluded that a district attorney should not use his official stationery in his personal civil practice, because doing so would be misleading and self-laudatory in violation of Canon 24…
While deposing a represented opposing party, can a lawyer advise that party about the law involved in the case?
The Committee concluded that an attorney may not, through the guise of a deposition, advise a represented opposing party about the law involved in the controversy, and this holds even where the opposi…
Can a lawyer who also serves as a municipal judge put 'Judge' before his name on his professional business card?
The Committee concluded that a lawyer who is also a municipal court judge may not show the word 'Judge' before his name on his professional card; Canon 39 limits the card's contents and the added titl…
If a client confides that an item he gave the lawyer as a fee was stolen in a past burglary, must the lawyer give the client's name to police?
The Committee concluded that, on these facts, the attorney is prohibited under Canon 34 from disclosing the client's name or any information about the past crime confided to him; the duty to preserve …
Can one defendant's lawyer interview the other represented co-defendants charged in the same transaction without first getting their lawyers' consent?
The Committee concluded that when three persons are indicted over one transaction and each is represented, the attorney for one may not interview any of the others without the consent of that person's…
Can a lawyer accept 20% of a bail bond premium as a referral fee from the bonding company the lawyer sends clients to?
A divided Committee (6-3) concluded that a lawyer may accept a percentage of the bond premium for a referral only with full disclosure to the client and the client's consent; the bond premium is not a…
Can a lawyer display certificates for, or list, both an LLB and a JD when he earned only one law degree?
The Committee concluded that an attorney who earned only one law degree may not display certificates for both an LLB and a JD, and may not list both when summarizing his academic background, because d…
Can a lawyer accept a credit card to pay a fee, and may the lawyer display a decal or emblem showing that credit cards are accepted?
A divided Committee concluded that an attorney may honor a reputable credit card in payment of a fee, treating it like a check, but all members agreed that displaying an emblem, window decal, or desk …
Can court-appointed counsel for an indigent defendant accept a partial fee from the defendant's family as well as the county's appointment fee?
The Committee concluded that court-appointed counsel may accept fees from the defendant's family as well as from the county, provided full disclosure is made to the defendant, the family, and the Cour…
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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.