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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May a Texas school's lawyer speak directly with parents at an ARD special-education meeting when the parents are represented by a lawyer but bring only a nonlawyer advocate to the meeting?
The opinion concludes the school's lawyer may not. Rule 4.02(a) prohibits the school's lawyer from communicating, or causing or encouraging another to communicate, with the parents about the subject o…
Can a Texas lawyer hire an unaffiliated 'appearance lawyer' to cover a single hearing or deposition, and what duties does each lawyer take on?
The opinion concludes that a Texas lawyer may hire an appearance lawyer for a discrete task, but the appearance lawyer represents the client (not the hiring lawyer) and owes the full duties of compete…
May a Texas lawyer agree to be personally bound by a non-disparagement clause or a marketing-use non-disclosure clause in a client's settlement agreement?
The Committee concludes that under Texas Disciplinary Rule 5.06(b) a lawyer may not be a party to a non-disparagement clause that restricts statements the lawyer might make in the practice of law, and…
May in-house counsel for a for-profit company owned by nonlawyers provide legal services to the company's customers if the customers pay only the company's 'actual cost' of employing the lawyer?
The Committee concludes the arrangement is prohibited because the company would be engaging in the unauthorized practice of law and its in-house counsel would be assisting it in violation of Rule 5.05…
May a Texas lawyer pay a nonlawyer-owned support services vendor based on a percentage of the lawyer's or firm's revenues, and may the lawyer own equity in that vendor?
Per the Committee, paying a vendor a percentage of the firm's revenues is impermissible fee sharing under Rule 5.04(a); equity investment in a nonlawyer-owned vendor that does not itself engage in the…
What ethical duties under the Texas Disciplinary Rules of Professional Conduct does a lawyer carry when using generative AI in practice?
Per the Committee, a Texas lawyer using generative AI must satisfy technological-competence duties under Rule 1.01, protect confidential client information under Rule 1.05 (which may require client co…
May a Texas lawyer practicing in Texas join a D.C. law firm partnership that includes a nonlawyer partner permitted under D.C. Rule 5.4(b)?
The Committee concludes the Texas lawyer may not join such a firm: Texas Rule 5.04(b) and 5.04(d) prohibit a Texas-licensed lawyer practicing in Texas from being part of a firm that includes a nonlawy…
May a school district's lawyer who attends an IDEA ARD/IEP meeting communicate with represented parents about the meeting's subject matter when the parents' lawyer does not attend?
Per the Committee, no: Rule 4.02(a) prohibits the school's lawyer from communicating with the represented parents about the subject of the representation without the consent of the parents' lawyer. Th…
May a Texas lawyer accept payment from a nonlawyer-owned company for prerecorded and livestreamed educational legal presentations to the public, answer specific fact questions from audience members, and represent viewers who later contact the lawyer?
Per the Committee, yes on each: payments for educational presentations on general legal topics are not 'legal fees' under Rule 5.04(a); providing such presentations is not the practice of law and does…
May a Texas lawyer offer legal services under a monthly subscription model, and how must the lawyer treat the fee in trust and on cancellation?
Per the Committee, a subscription fee model is permitted if the fee is not unconscionable under Rule 1.04(a); the unearned portion of a prepaid subscription fee must be retained in trust until the end…
When a client follows a departing Texas lawyer to a new practice, must the lawyer enter a new fee agreement, and what must the lawyer disclose about possible continuing obligations to the prior firm?
Per the Committee, the departing lawyer must enter into a new legal services agreement with the followed client; the lawyer cannot rely on the prior firm's contract as the basis for the new representa…
What employment-agreement restrictions on a Texas lawyer's departure from a law firm are impermissible under Rule 5.06(a), and what notice and file-copying obligations apply?
Per the Committee, Rule 5.06(a) bars employment-agreement provisions that impose an unreasonable minimum departure notice period (two to four weeks is ordinarily defensible), blanket prohibitions on a…
May a Texas lawyer-defendant settle a malpractice case by assigning future contingent fees to a non-lawyer plaintiff, and does the plaintiff's lawyer violate the Rules by proposing such a settlement that is rejected?
Per the Committee, no on the first: the proposed assignment of future contingent fees to a non-lawyer is impermissible fee sharing under Rule 5.04(a) and the lawyer-defendant properly rejected it. On …
May a Texas lawyer turn over a deceased client's closed litigation file to the executor of the decedent's estate when the file does not relate to the estate or its administration?
Per the Committee, the lawyer has discretion (but is not required) to reveal a deceased client's confidential information to the executor under Rule 1.05(c)(3) (representative-disclosure exception), p…
May Texas staff counsel employed by an insurance carrier represent an insured when the carrier weighs post-representation client and adjuster performance surveys in setting the lawyer's compensation and continued employment?
Per the Committee, yes: the Rules do not categorically prohibit such surveys. But the staff lawyer may not allow the survey system to interfere with the exercise of independent professional judgment o…
May a Texas nonprofit legal services agency obtain advance, intake-stage consent from each client to share confidential information with the agency's funders or their monitors during site visits or audits?
Per the Committee, no on the blanket approach: Rule 1.05 binds legal-aid lawyers, and Rule 1.05(c)(2) consent requires consultation that cannot meaningfully occur at intake before the lawyer knows the…
May a Texas plaintiff's personal-injury lawyer agree to personally indemnify the defendant group from medical liens and reimbursement claims as a condition of settlement, and may defense counsel insist on it?
Per the Committee, no on both: the personal indemnity violates Rule 1.08(d) (impermissible financial assistance), Rule 1.06(b)(2) (lawyer's-own-interest conflict), and Rule 2.01 (independent professio…
When a Texas lawyer moves from a private firm that represents public entities to a private firm that is adverse to those entities, what conflicts apply, does the 'generally known' exception save the new firm, and is Rule 1.10 screening available?
Per the Committee, the migrating lawyer's personal representation of a public-entity client at the prior firm creates Rule 1.09 former-client conflicts that are imputed to all lawyers at the hiring fi…
If my client lies during the other side's deposition cross-examination, do I have to correct it or tell the court?
Per the Committee, no; a lawyer has no duty to correct a client's intentionally false statements elicited by opposing counsel on cross-examination at a deposition, because mere silence is not 'assisti…
A spouse once consulted my partner about a divorce but never hired the firm. Can I now represent the other spouse against her?
Per the Committee, a lawyer owes a former prospective client a duty of confidentiality under Rule 1.05, and a consultation can create a disqualifying adverse-limitation conflict under Rule 1.06(b)(2) …
If my criminal client hands me physical evidence like incriminating letters, can I keep it and not show the prosecutor until a court orders me to?
Per the Committee, a lawyer may not conceal or obstruct access to evidence if doing so would be 'unlawful' under a statute, court order, or mandatory disclosure obligation; but for ordinary tangible e…
Can a Texas lawyer set up a booth in a public place after a storm, staffed by a nonlawyer, to hand out brochures and attract property-damage clients?
Per the Committee, yes; a lawyer may have a nonlawyer staff a booth that displays signs and hands out brochures and gives information, even speaking to visitors, as long as neither the lawyer nor the …
If I have to withdraw from a contingent-fee case because of a nonconsentable conflict, can I still split the fee with the successor lawyer, or at least recover for the work I did first?
Per the Committee, a lawyer who withdraws for a nonconsentable conflict may not divide fees based on joint responsibility (the conflict bars it), and may not divide fees in proportion to services wher…
If I'm a staff lawyer employed by an insurance company to defend its insureds, do I have to follow the company's litigation guidelines, and what if it cuts my support staff?
Per the Committee, a staff lawyer may follow the insurer's guidelines only if the lawyer's affiliation with the insurer is disclosed to the insured, the guideline does not interfere with the lawyer's …
Can a Texas lawyer run an out-of-state firm's new Texas office as its only lawyer if she is an associate, not a partner, and the firm's partners are not licensed in Texas?
Per the Committee, yes; an out-of-state firm may open a Texas office whose only resident lawyer is a non-partner, provided that lawyer qualifies as a 'firm lawyer' reasonably considered to be 'in' the…
Can a Texas lawyer ask current and former clients to leave positive reviews and star ratings on Google or social media?
Per the Committee, yes; the rules do not prohibit a lawyer from encouraging current and former clients to post positive online reviews or ratings, provided the lawyer does not encourage them to make s…
When I leave my firm, can I take the firm's only copy of the client files I worked on and delete those files from the firm's systems?
Per the Committee, no; a departing lawyer may not remove the firm's only tangible copy of client files or delete client files, documents, and data from the firm's electronic repositories and devices w…
Can a lawyer talk to the press about a case that is on appeal, criticizing the other side and repeating the allegations in the complaint?
Per the Committee, generally yes; extrajudicial statements about a case pending on appeal usually do not have a substantial likelihood of materially prejudicing an adjudicatory proceeding under Rule 3…
If I drafted a contract and may have to testify about it, can I or another lawyer in my firm still represent the client in the lawsuit over that contract?
Per the Committee, the lawyer-witness generally may not take an active role before the tribunal unless a Rule 3.08(a) exception applies, but may still help prepare the matter; with the client's inform…
When must a Texas lawyer holding a client's settlement funds withhold money for a third party's claim, and does the client firing the lawyer change that duty?
Per the Committee, a lawyer must safeguard or pay over client funds for a third party only when the third party has a matured legal or equitable interest in those particular funds (such as a statutory…
Can a Texas lawyer store confidential client information in the cloud or use cloud-based software to prepare client documents?
Per the Committee, yes; a lawyer may use cloud-based storage and document-preparation systems for confidential client information, but must take reasonable precautions and stay alert to data-breach an…
Can a Texas lawyer renegotiate a flat fee mid-case if the litigation turns out to be far bigger and more complex than expected?
Per the Committee, yes, but only if modifying the agreement is fair under the circumstances, and the lawyer bears the burden of proving fairness; relevant factors include the length of the lawyer-clie…
Can a Texas lawyer who is named executor of an estate also serve as the lawyer for that executor, and if not, can someone else in the firm?
Per the Committee, yes in principle: a lawyer is not prohibited from serving as both executor and counsel for the executor, but must analyze Rule 1.06 first; if the representation will be adversely li…
If my law partner is a part-time municipal court judge, can I defend criminal cases in that municipal court before the other judges?
Per the Committee, only with the defendant client's informed consent: the part-time judge's personal-interest conflict under Rule 1.06(b)(2) is imputed to the law partner by Rule 1.06(f), so the partn…
Can a lawyer retain a scarce expert, or share confidential information with one, just to conflict the expert out so the other side cannot use them?
Per the Committee, no; retaining an expert or intentionally disclosing confidential information to a prospective expert with no substantial purpose other than to disqualify or block the opposing party…
Can a Texas lawyer who served as mediator draft the written settlement agreement memorializing the parties' deal, and can the mediator suggest extra terms not discussed in the session?
Per the Committee, yes; drafting a written agreement that memorializes the mediated terms is part of the mediator's traditional role and is not legal representation, so it does not violate Rule 1.11 o…
Can a 501(c)(3) nonprofit law firm directly solicit self-represented Texans to provide civil legal services at below-market flat fees?
Per the Committee, no; soliciting prospective clients who have not sought the lawyer's advice and are not members of the qualified nonprofit organization violates Rule 7.03(a) when a significant motiv…
Can a lawyer ask other lawyers (in an online discussion group or in a one-on-one consultation) for advice that will help a client, and how much can the lawyer say about the client's matter?
Per the Committee, informal lawyer-to-lawyer consultation is not categorically prohibited; the inquiring lawyer should keep to general or abstract questions, and may reveal a limited amount of unprivi…
If a plaintiffs' lawyer writes to a defendant company's other employees describing the lawsuit and saying similarly situated employees may have claims, but frames it as gathering information, is that a regulated direct-mail solicitation?
Per the Committee, a communication that purports to seek information may still be a written solicitation subject to Rule 7.05(b) if it is made with the intent to obtain professional employment signifi…
To set up a Rule 202 pre-suit deposition of an anonymous online defamer, can a lawyer (or the lawyer's investigator) contact that person anonymously to get jurisdictional or identifying information?
Per the Committee, no; a lawyer and the lawyer's agents may not anonymously contact an anonymous online person to obtain jurisdictional or identifying information, because failing to reveal their iden…
When I leave my law firm, can I copy and keep my clients' documents (for example to reuse as forms) even when the client isn't following me to the new firm?
Per the Committee, a departing lawyer may, at the lawyer's own expense, copy and retain documents from matters the lawyer personally handled (no prior-firm or client consent needed if responsive to fi…
If an insured stops cooperating in the defense the insurer is paying for, can the insurer-retained lawyer tell the insurance company about the non-cooperation when withdrawing?
Per the Committee, the lawyer may withdraw for the insured's failure to cooperate (Rule 1.15(b)), but the non-cooperation is the insured's confidential information; absent the insured's consent the la…
If an insurance company's staff attorney defends an insured, and the same insurer also insures the plaintiff and took a pre-suit statement from her, can the staff attorney keep defending the insured and use that statement?
Per the Committee, the staff attorney's duty runs only to the insured client (loyalty, zeal, and independent judgment); the attorney may use the plaintiff's statement, but if the representation reason…
Can a prosecutor (or anyone in the prosecutor's office) prosecute a defendant whose bail bondsman is the prosecutor's spouse?
Per the Committee, not unless the government consents under Rule 1.06(c), or unless on the specific facts the prosecution does not reasonably appear to be adversely limited by the prosecutor's respons…
If two lawyers are married and their firms represent opposing parties in the same matter, is there a conflict, can it be cured by consent, and is it imputed to everyone at each firm?
Per the Committee, marriage between lawyers at opposing firms does not automatically create a conflict, but it does under Rule 1.06(b)(2) when the representation reasonably appears to be adversely lim…
What must a Texas lawyer do to keep confidential metadata out of documents they send, and what may a lawyer do with metadata they receive from opposing counsel?
Per the Committee, a lawyer's duty of competence and confidentiality (Rules 1.01 and 1.05) requires reasonable measures to remove confidential metadata before sending documents; on the receiving side …
If I receive the opposing party's confidential information, whether a client stole it or it was sent to me by mistake, do the Texas rules require me to notify opposing counsel?
Per the Committee, no; Texas has not adopted ABA Model Rule 4.4(b), so failing to notify opposing counsel does not by itself violate the Texas rules, whether the information was taken without consent …
Can a Texas law firm that joins an international verein adopt the verein's name as its own firm name on pleadings and public communications when no lawyer in the Texas firm ever had those names?
Per the Committee, no; using the verein's name as the Texas firm's name violates Rule 7.01(a) because it contains names of no current, former, deceased, or retired lawyer of the firm or a predecessor,…
Can a Texas lawyer post a public reply to a former client's negative online review, and how much can the lawyer reveal to rebut it?
Per the Committee, a lawyer may not reveal any confidential information just to answer a negative online review, because Rule 1.05's exceptions apply only to formal actions, proceedings, or charges, n…
Can a Texas lawyer buy a competitor's name as a keyword in a search-engine ad program so the lawyer's ad shows up when someone searches the competitor's name?
Per the Committee, yes; using a competitor's name as a keyword is not by itself a violation, because the resulting ad does not claim the two lawyers are partners or associates (Rule 7.01(d)) and a rea…
In a personal-injury case where the client must reimburse a health insurer's subrogation claim, can a lawyer base the contingent fee on the gross recovery, or does Opinion 549's workers'-comp rule require basing it on the net?
Per the Committee, Opinion 549's bright-line rule (no contingent fee on the gross where part must go to a workers'-comp carrier) is limited to workers' compensation; in other subrogation situations, w…
Can a lawyer who defended one insured and settled a claim against him later represent the same insurer in defending the other insured's UM/UIM claim arising from the same accident?
Per the Committee, yes; although the two matters are substantially related, the lawyer's two clients (the first insured and the insurer) are not adverse to each other (both are adverse to the claimant…
Can a Texas lawyer bill a client more for a third-party expense than the lawyer actually paid, and can the firm bill clients for services from a vendor owned by one of the firm's lawyers?
Per the Committee, absent disclosure and agreement a lawyer may not mark up a third-party expense above what the lawyer paid; and billing clients for a vendor whose ownership is materially similar to …
When a former criminal client asks for their entire file, what must a Texas lawyer hand over, who pays for copies and delivery, and in what format must it be provided?
Per the Committee, the file (including notes and work product) is the client's property and must be made available on request, except material barred by statute, court order, or the lawyer's duties to…
Can a lawyer joining a Texas firm as 'of counsel' (an independent contractor for tax purposes) agree not to serve the firm's clients for a period after leaving the firm?
Per the Committee, no; an 'of counsel' lawyer is a member of the firm, so an agreement barring the lawyer from serving firm clients after the relationship ends is a prohibited restriction on the right…
Can a Texas lawyer sell delinquent client accounts receivable (unpaid earned fees) to a collection or factoring company for a percentage of the amount owed?
Per the Committee, only with the client's consent after consultation; selling the receivable discloses confidential information, and unlike suing to collect a fee or using a collection agency under th…
Can a Texas lawyer advertise free warrant checks and free bail bond information to draw potential clients into the office, or does giving away that information count as paying something of value to solicit clients?
Per the Committee, yes; offering and giving free bail bond and warrant information to office visitors is not giving 'anything of value' to solicit employment under Rule 7.03(c), but the lawyer must ho…
If I am a lawyer who is personally a party to a lawsuit but represent no one else in it, can I contact the represented opposing party directly without going through their lawyer?
Per the Committee, yes; Rule 4.02(a)'s no-contact rule applies to a lawyer 'representing a client,' so it does not bar a lawyer who is a party but represents no other party from communicating directly…
Can a Texas lawyer hire a collection agency to collect unpaid attorney's fees, and can the lawyer report a nonpaying client to a credit bureau?
Per the Committee, a lawyer may use a collection agency to collect past-due fees if five conditions are met (no longer handling the matter, fee not unconscionable, other reasonable collection efforts …
Does a Texas law firm's website that invites prospective clients to email the firm need a confidentiality warning, and can an accepted warning let the firm use the information against the sender?
Per the Committee, the rules do not require a warning, but without an effective warning a firm that solicits emails may owe a duty to protect a prospective client's confidential information (which can…
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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.