Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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Can a law firm represent a personal injury plaintiff when one of its lawyers was an assistant state's attorney while related criminal charges against the defendant were pending, but had no role in the prosecution?
The opinion concluded yes; because the former prosecutor had no personal and substantial role in the criminal case, he was not disqualified under the former-government-lawyer rule, and his firm was no…
Is it a conflict of interest for a lawyer who sits on a county board to also represent the State as a special assistant attorney general in condemnation cases in that county?
The opinion concluded there is no per se conflict, so long as the condemnation matters are against private landowners and do not involve the county itself; only if the county were a party would a conf…
Can a criminal defense lawyer tell the court that privileged information shows the defendant is innocent, when that information is not admissible evidence?
The opinion concluded no; a lawyer may not try to influence a court by disclosing inadmissible privileged client information, and doing so breaches both the duty of confidentiality and the duty not to…
Can a lawyer put the Scales of Justice symbol on a professional card and on letterhead?
Yes. The opinion concluded that the Scales of Justice, as the time-honored symbol of the practice of law, may be placed on a lawyer's professional card and letterhead, neither of which is advertising …
Can a lawyer have a lighted sign identifying the law office?
Yes. After Bates and In re R.M.J., the opinion concluded a lawyer may have a lighted law-office sign so long as it is not false, fraudulent, or misleading, and it modified the Committee's earlier sign…
Can a lawyer who owns stock in a corporation also serve as that corporation's lawyer?
Qualified yes. There is no per se rule disqualifying a shareholder-lawyer from representing the corporation, but the lawyer owes allegiance to the entity, not to himself or any individual, and must wa…
Can a lawyer raise funds, or ask others to raise funds, to pay for an indigent criminal defendant's defense and appeal?
Qualified yes. A lawyer may solicit or help raise funds to pay reasonable fees and costs for an indigent client's defense, but must state the total fee needed, remit any unearned portion, not split th…
Can a lawyer charge more than a statutory or court-ordered fee, or have the client make up the difference through a gift to the lawyer or to a charity?
A lawyer is generally bound by a statutory or court-set fee and may not charge more (a qualified no, with a narrow exception where a court awards a partial fee 'toward' a larger reasonable fee). The l…
Can a lawyer under a personal-service contract with a state agency also represent a client against that same agency, or against a different state agency?
No against the same agency: the lawyer is precluded from acting against an agency he is under contract to, and consent cannot cure it. Against a different agency it is a qualified no, permitted only w…
After a client fires a lawyer, can the lawyer charge a fee to copy the client's file before handing it over?
Qualified yes. A discharged lawyer may charge the former client the actual cost of duplicating the file, but not a fee disproportionate to that cost and not a second charge where copying costs were al…
Can a lawyer secretly record conversations, and may a criminal defense lawyer secretly record witnesses in the case?
No in general; yes for defense witnesses. The opinion concluded that a lawyer may not secretly record conversations without all parties' consent, but a lawyer defending an accused may secretly record …
Can an assistant attorney general own a controlling stake in a company that bids for state work, and can the rest of the department still handle matters involving that company?
The opinion concluded that owning the stock is not improper per se, but the assistant attorney general must decline Department of Justice matters relating to the company because his judgment for the s…
If subpoenaed by the IRS or a grand jury, may a lawyer reveal a client's name and the fees and financial transactions involved in the representation?
The opinion concluded the committee could not decide whether such disclosure is proper, because whether the client's name and financial information is a privileged confidence is a question of law for …
Can a lawyer absorb expenses like postage, long-distance calls, and travel rather than billing them to the client?
The opinion concluded that, so long as items such as postage, telephone, and travel are the attorney's own personal expenses and not expenses of the client, the attorney's payment of them is not impro…
Can a lawyer split worker's compensation fees with a lay practitioner who is statutorily authorized to appear before the agency?
The opinion concluded that it would be improper for the lawyer to divide legal fees with the lay practitioner, because the Code bars sharing fees with a nonlawyer; the lay practitioner could be paid o…
Can a lawyer become a part owner of, or work for a fee with, an interdisciplinary financial-planning firm made up of a lawyer, an accountant, a securities broker, and insurance agents?
The opinion concluded that a lawyer may not be a partner in such an organization if any of the lawyer's activities consist of the practice of law, and that even independent participation for a fee is …
Can a law firm appear before a family court commissioner when one firm member is married to an associate of that commissioner's private law practice?
The opinion concluded that there would be no ethical impropriety in any member of the firm, including the spouse of the commissioner's associate, appearing before the family court commissioner in his …
Must a lawyer grant opposing counsel's request for an extension of time to answer, or can the lawyer move for default?
The opinion concluded that a lawyer may legally refuse an extension and move for default, but the Code says a lawyer should accede to reasonable requests on procedural matters and follow local custom;…
Can a lawyer hired by an insurer represent both the insurer and the insured in an auto-accident case where the plaintiff also seeks punitive damages?
The opinion concluded that a lawyer retained by an insurance carrier may generally represent both the insurer and the insured, but must fully disclose the relationship to the insured, owes the primary…
Can the law partner of a village attorney serve on the village's zoning board of appeals, which the village attorney advises?
The opinion concluded that the partner would not place himself in a conflict by serving on the zoning board of appeals, and that the village attorney may continue to serve while the partner sits on th…
Can a law firm pay an insurance company's referral subsidiary a fee equal to a percentage of the fees the firm earns on referred cases?
The opinion concluded that paying the proposed 2 percent-of-fees referral charge would be improper: it is in substance a division of fees with a nonlawyer, and paying any fee for referrals is seeking …
Can an assistant district attorney serve on a community mental-health board of directors while also representing the public in mental-health commitment proceedings?
The opinion concluded that the dual roles are not necessarily incompatible: an assistant district attorney may serve on a Chapter 51 community board while handling mental-health commitment proceedings…
When a complainant in a criminal matter is represented by a lawyer, may the prosecutor copy the complainant directly on a response sent to that lawyer?
The opinion concluded that the no-contact rule applies in the non-adversary criminal context, so a prosecutor may not communicate in any way with a represented complainant on the subject of the repres…
Can a lawyer call a shareholder, employee lawyer, or nonlawyer employee of the same firm as an expert witness in a divorce case?
The opinion concluded that calling a shareholder or employee lawyer of the same professional corporation as an expert witness in a divorce proceeding is improper, for the same reasons that bar calling…
Can a law firm mail a letter describing its practice areas to union members in a geographic area, and may it call those practice areas its specialties?
The opinion concluded that general direct-mail advertising to a geographic group is permissible if the letter is not false, misleading, deceptive, or unfair and is not tailored to recipients with an i…
Can a lawyer serve on the board of directors of a corporation and also act as the corporation's counsel?
The opinion concluded that it is not unethical per se for a lawyer to serve on a corporate client's board of directors, but the lawyer should abstain from any decision to retain the lawyer and must, a…
What must a public defender and a supervising lawyer do when assigned caseloads grow too large for competent representation?
The opinion concluded that a staff public defender facing an unmanageable caseload should, except in extreme or urgent cases, decline new matters and withdraw from enough pending matters to handle the…
Can a party's lawyer give a settlement letter to the opposing party's unrepresented relative, and can that relative be used to pass it to the represented opposing party?
The opinion concluded that, with the client's consent, counsel may give a settlement discussion letter to an unrepresented non-party relative, but counsel may not use that relative to communicate with…
Can a lawyer use a lay consulting service for medical-legal research and expert witnesses in personal injury cases, paid on a contingent or flat fee basis?
The opinion concluded that a lawyer may use such a service if it does not engage in the unauthorized practice of law, the lawyer does not share legal fees with it, and no contingent fee is paid for ex…
Can an assistant state's attorney who handles all of a county's family court matters also represent private divorce clients in that same county?
The opinion concluded no; an Assistant State's Attorney responsible for all of a county's family court matters may not privately represent clients in marriage dissolution cases in that same county, wh…
Can a bank charge a borrower more for its in-house lawyer's closing work than that lawyer costs the bank?
The committee concluded that a bank's staff attorney may not take part in charging a mortgagor more for the attorney's closing services than the attorney's actual pro rata cost to the bank, because th…
Can a lawyer use a paid Welcome Wagon service, or in-person visits, to deliver advertising to new residents and newlyweds?
The opinion concluded that after a 1984 rule amendment a lawyer may mail labeled advertising to the general public, but may not deliver it in person and may not pay a Welcome Wagon service to deliver …
If two lawyers who are not in the same firm share office space, what must each do to keep the other from learning client confidences and secrets?
The committee found the inquiring lawyer's described office-sharing procedures adequate, and reminded the lawyer to guard against the office-mate overhearing client confidences and secrets and that th…
Can a lawyer use a Welcome Wagon service or targeted mailings to solicit newcomers, newlyweds, and new parents?
The opinion concluded that a lawyer may not solicit a targeted group of individuals, in person or by mail, directly or through a Welcome Wagon service, but may place generalized advertising in a newsp…
Can a law firm keep representing a bank in all its matters while suing another bank, once a single holding company comes to own both banks?
The Committee concluded that the firm may not continue representing Bank A on virtually all matters while suing Bank B once a single holding company owns both, because the firm would in effect be repr…
Can a Texas law firm enforce non-compete or no-solicitation covenants against associates and partners who leave the firm?
The Committee concluded that it is improper, and a violation of DR 2-108, for a firm to use employment or partnership agreements that restrict a departing lawyer's right to practice law, including cov…
Can a Texas lawyer take part in the state's IOLTA program, remitting interest on pooled nominal client trust funds to a foundation for legal aid?
The Committee concluded that participation in the Texas Equal Access to Justice Program does not violate the Code of Professional Responsibility, because the interest on nominal or short-held client f…
Does mailing a lawyer's obviously mass-produced brochure to named addressees count as direct solicitation or as ordinary advertising?
The Committee concluded that an obviously mass-produced brochure does not become a solicitation communication merely because it is mailed to named addressees; it remains advertising governed by DR 2-1…
If a lawyer serves as county attorney, can the partners or associates in his firm defend criminal cases, at least in other counties?
The Committee concluded that no partner or associate of a county attorney may represent a criminal defendant in any case in any Texas court, because a county attorney is disqualified from being advers…
Can a Texas lawyer advertise academic degrees and areas of study, non-legal board certifications, and example case types under a practice-area heading?
The Committee concluded that all of this information may be advertised, but to avoid misleading the public, non-legal certifications must be stated in plain factual terms without elaboration, and any …
Can a Texas lawyer work for a collection agency and share in its fees, and can the lawyer own part of the agency while representing its creditor clients?
The Committee concluded that a lawyer may accept work from a collection agency only if no fees are split with the agency, the agency does not direct the legal work, and the lawyer acts for the credito…
Can a Texas lawyer pay to be listed, with qualifications, in a local law directory promoted to consumers as a way to pick an attorney?
The Committee concluded that a lawyer may pay to be listed in a law directory or law list promoted to consumers, and the list need not be approved by any bar organization, so long as the information c…
Does pleading a specific dollar amount for unliquidated damages, contrary to Texas Rule of Civil Procedure 47(b), violate a Texas lawyer's ethics obligations?
The Committee concluded that intentionally or habitually pleading a dollar amount for unliquidated damages violates Rule 47(b) of the Texas Rules of Civil Procedure, and that such a violation of an es…
Can a Texas lawyer advertise legal services by mail, and can the lawyer send personalized direct-mail letters soliciting business from non-clients?
The Committee concluded that a mass mailing of advertisements or nonpersonalized letters is advertising in the public media, permissible under DR 2-101. Personalized direct-mail letters soliciting non…
Can a Texas lawyer mail non-clients a form letter offering to sell will forms with fill-in instructions while disclaiming any attorney-client relationship?
The Committee concluded that mailing such a letter is prohibited solicitation, not protected advertising, because it violates DR 2-103(D): it is likely to reach people unable to exercise reasonable ju…
Does a lawyer violate the ethics rules by issuing a written legal opinion to an employee organization that turns out to be wrong on the law?
The Committee concluded that a merely erroneous legal opinion is not itself a violation; the lawyer violates the Code only if he issued it knowing it recommended illegal conduct, in which case it is d…
Can a Texas attorney hold a client's file or property under a retaining lien when the client refuses to pay the fees owed?
The Committee concluded that an attorney may ethically assert a common-law retaining lien on a client's file after first making demand for unpaid fees, but only if the client's legal rights are not pr…
Can a Texas attorney join a barter association that takes a join-up fee, dues, and a percentage of trades, and guarantees members a level of business?
The Committee concluded that one-on-one bartering for legal services remains permissible, but joining a barter association that guarantees members business or refunds their fees, and takes a join-up f…
Can a Texas lawyer put a clause in a retainer agreement charging interest on attorney's fees that go unpaid past a set date?
The Committee concluded that nothing in the Code prohibits charging interest on an unpaid fee balance, and it approved charging reasonable interest as long as the charge is reasonable, complies with c…
Can a Texas lawyer representing a party in a real estate deal take a fee that is a percentage of the title insurance premium paid by the title insurer?
The Committee concluded that a lawyer may accept a percentage of the title insurance premium only for services actually rendered to the title company; because the arrangement makes the title company a…
Can a collection agency manager who became a lawyer write to the agency's current clients to continue their collection work through his new law office?
The opinion concluded that the proposed letter was not objectionable, provided distribution was limited to the collection agency's present clients; if sent to others, the lawyer would have to modify i…
Can a lawyer who drafted and mediated agreements between two parties later represent one of them in arbitration against the other over the same project?
The opinion concluded that the lawyer had to withdraw: if the general contractor was a current client, an undivided duty of loyalty required it; and if a former client, the substantial-relationship te…
Can a salaried in-house bank lawyer seek court-awarded attorney fees in collection and foreclosure suits, and may the bank keep more than the lawyer's cost?
The opinion concluded that a salaried in-house bank lawyer had to disclose to the court that she was exclusively on salary when requesting fees, that it would be improper for the bank to collect more …
Is it unethical or an unfair trade practice for the defense bar to use a release that reserves the releasee's own claims while the releasor gives up all claims?
The opinion concluded that a non-mutual release, which reserved the releasee's rights while the releasor released all claims, was not an unfair or deceptive trade practice under New Mexico law and was…
Can a lawyer keep a former client's papers as security for unpaid fees when the client needs them for other litigation?
The opinion concluded that a lawyer could assert a retaining lien and withhold a former client's papers despite other litigation, but only if a valid lien existed, the client did not fall within the u…
Can a New Mexico lawyer send a direct-mail letter advertising services and fees to banks and other potential clients?
The opinion concluded that a lawyer could send a truthful, non-misleading direct-mail letter advertising services and fees to potential clients, following the federal ruling in L.M. v. Disciplinary Bo…
Can a lawyer help an insolvent client pay some creditors over others, and must the lawyer disclose the client's past fraud or failure to file tax returns?
The opinion concluded that, outside bankruptcy, a lawyer could help an insolvent client negotiate payments to general creditors and could assist payments even if that reduced the chance of an investig…
Can a part-time municipal judge privately represent a city police officer indicted over an on-duty shooting, and also defend the city in the related civil suit?
The opinion concluded a lawyer serving as municipal judge may represent the police officer if indicted and may represent the city in any related civil suit, provided that in his judicial capacity he h…
When a bank charges borrowers a documentation fee for work done by its salaried in-house lawyer, is the lawyer improperly sharing legal fees with a nonlawyer by letting the bank keep that fee?
The opinion concluded it was ethical for the salaried in-house lawyer to acquiesce in the bank's billing, because the fee did not exceed her salary (so the bank made no profit on her services), she re…
Can a lawyer keep prepaid legal service enrollment materials available in the office, and can the lawyer's secretary enroll clients in the plan for a per-person commission?
The opinion concluded the lawyer could make prepaid legal service information available in the office under Rule 2-101(B)(15), provided he did not call undue attention to it, but that his secretary sh…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.