Legal Ethics Opinions
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Can a Texas lawyer who prepared a partnership agreement and acted for both partners later represent one partner in a suit against the other?
The Committee concluded that an attorney may not represent one partner in a suit against the other arising out of the partnership where the lawyer prepared the partnership agreement, acted for both pa…
Can a Texas criminal-law attorney announce an office relocation in the newspaper or by sending notices to taverns and clubs?
The Committee concluded that an attorney may not place a newspaper notice announcing a change of office location or send change-of-location notices to business establishments such as taverns and clubs…
Can a county attorney privately defend an out-of-state father in a child-support contempt case when the only other local lawyer represents the mother and plans a criminal nonsupport prosecution?
The Committee concluded that a County Attorney, in his private practice, may not defend an out-of-state father in a civil contempt action for failing to support his children when the mother's attorney…
Can a lawyer who has completely stopped practicing law advertise a different business and describe himself there as a licensed attorney?
The Committee concluded that an attorney who has withdrawn completely from the practice of law and renders no legal services may advertise another legitimate business and indicate, as a qualification …
Can a lawyer reveal to prosecutors that his client witnessed a crime, when the client refuses to come forward?
The Committee concluded that a lawyer whose client confides that he witnessed a crime may decline to reveal that knowledge to prosecutors if the client does not want it disclosed and the client's sile…
May a law firm publish or distribute announcements of a reorganization, new partners, or a change of address in a legal journal, and may those announcements list the firm's fields of practice?
No to the published versions. The committee concluded that Canon 27 bars publishing such announcements anywhere except an approved law list, and that listing the firm's areas of practice is improper s…
May a part-time city attorney run a private practice from his City Hall office and put a shingle by the door?
Yes. The committee concluded that because a small-town city attorney's salary contemplates simultaneous private practice, conducting that practice from a City Hall office is not unethical if the city …
May a lawyer running for office note on campaign literature that he is a bar member and held legal-type posts in veterans' groups?
Yes. The committee concluded that a lawyer genuinely seeking office may state his profession and his memberships and offices, including legal-type posts in veterans' organizations, on campaign literat…
May a new lawyer cooperate with an unsolicited newspaper feature story about his path through night law school?
Yes, with conditions. The committee concluded a lawyer may answer questions and supply personal data for such an unsolicited, unpaid feature, provided he insists the article be dignified, in good tast…
Will a Texas bar ethics committee opine on whether a bank serving as executor of two reciprocal wills has a conflict of interest?
The Committee concluded that whether a bank appointed executor of both reciprocal wills has a conflict of interest is outside the Canons and the committee's jurisdiction, because the Canons govern the…
Can a law firm handle all the adoptions a charitable children's home places when the home requires adopting parents to use the firm it designates?
The Committee concluded that a law firm may properly accept and handle all or any of the adoptions of children placed by a charitable home, even though the home requires adopting parents to use the fi…
Must a divorce defendant's lawyer disclose to the court an affirmative defense his client chooses not to raise, and can he use it as leverage in settlement?
The Committee concluded that a defendant husband's lawyer in a divorce suit may properly withhold from the court facts constituting the unpleaded affirmative defense of condonation, and may use the ex…
Can a plaintiff's attorney plead, in the original petition, the plaintiff's prior policy-limits settlement offers and ask the judge to warn defense counsel to demand settlement?
The Committee concluded that it is improper for a plaintiff's attorney to insert in the original petition statements addressed to the court about the plaintiff's prior unsuccessful within-policy-limit…
Does it violate the Texas Canons for a law review to identify a contributing lawyer-author by his firm name, in addition to his name and city?
The Committee concluded that the Canons of Ethics do not apply to a law review, which is a lay organization, so its author-identification policy is within its own discretion; a majority thought the be…
Can a tax lawyer run a newspaper ad and mail cards announcing his former Treasury and accounting-firm tax roles and his tax specialty?
The Committee concluded that both a newspaper advertisement and an announcement card stating that an attorney formerly served on an accounting firm's tax staff or with the U.S. Treasury Department and…
Can a lawyer use bold-face type for his listing in the classified or alphabetical section of a phone directory?
The Committee concluded that an attorney may not use bold face type in business listings in either the classified or alphabetical section of telephone directories; the practice violates Canon 24.
Can an out-of-state lawyer who is a Texas bar member but has no Texas practice list himself in Texas city phone directories?
The Committee concluded that a Louisiana-resident attorney who belongs to both the Louisiana and Texas bars but engages in no Texas practice may not list himself in the customary attorney telephone li…
Can a lawyer knowingly misstate a non-resident defendant's former address to obtain substituted service and support a default judgment?
The Committee concluded that an attorney may not intentionally misstate the former residence of an out-of-state defendant in a civil damage suit to obtain service under the Texas non-resident motorist…
Can a company run a newspaper ad featuring one of its directors who is a practicing lawyer, naming his law firm and his role on the board?
The Committee concluded that a savings and loan association may include in a newspaper advertisement a photograph of a practicing attorney who serves on its board, and may mention his status as a lawy…
Can a lawyer help defend a criminal case when his law partner is the county attorney, even if that partner stays out of the prosecution?
The Committee concluded that the law partner of a county attorney may not assist in the defense of a criminal case in district court, and that this is true whether or not the county attorney participa…
Can a lawyer let the non-lawyer manager of his collection agency send solicitation letters touting the lawyer's collection record?
The Committee concluded that a lawyer who organized a separate credit and collection service may not let its non-lawyer manager solicit business through letters mentioning the lawyer's status, activit…
Can a law firm list a deceased partner's name on its own line in the phone directory, apart from the firm name?
The Committee concluded that a firm whose name contains a deceased partner's name may not list that deceased partner separately from the firm name in the yellow pages, and that no attorney may list a …
Can a city attorney use a city-hall office to see private clients and take referrals from city employees?
The Committee concluded that, strictly on the facts stated, a city attorney does not violate the Canons by occupying a city-provided office in city hall one afternoon a week to serve city employees an…
What private legal work may a district attorney, county attorney, or county judge take on, and can they use county offices and staff for it?
The Committee concluded that district attorneys, county attorneys, and county judges may not accept private employment that is adverse to the State or county, forbidden by statute, obtained because of…
Can a lawyer named executor in a client's will probate that will, handle the estate, and charge a fee for the legal work?
The Committee concluded that, so long as the attorney did not solicit his own appointment, he commits no violation of the Canons by serving as the named independent executor (sole or co-executor), pro…
Can a lawyer mail other attorneys an offer to answer the docket call in their cases for a fee?
No. The Committee concluded that an attorney who mails members of the bar an offer to answer the call of the docket in their cases for a fee is soliciting professional employment and violates Canon 24…
Can a lawyer sue a former client when the lawyer's past work for that person was isolated and involved no confidential information?
Yes. The Committee concluded that isolated past representations of a party, where the lawyer obtained no confidential information useful in the new matter, do not disqualify the lawyer from later fili…
When an insurer hires a lawyer to defend both the insurer and the insured in a suit exceeding policy limits, must the lawyer tell the insured about the conflict and the excess-exposure risk?
Yes. The Committee concluded the insured is the defense lawyer's client, a conflict exists between insurer and insured, and Canon 6 requires the lawyer to inform the insured of the conflict, immediate…
Can a lawyer take work through a membership association that promises to furnish and pay for its members' legal services?
No. The Committee concluded that a lawyer who accepts employment through an automobile association that holds itself out to furnish legal services to its members violates Canons 24, 32, and 43, both f…
Can a bank's lawyer or attorney trust officer prepare wills for customers drawn in by the bank's trust-department advertising?
No. The Committee concluded that a bank lawyer or attorney trust officer who prepares wills for customers brought in by the bank's trust-department advertising violates the Canons of Ethics, finding v…
If a lawyer drafted a contract for both sides, can the lawyer later represent one of them in a breach suit against the other?
No. The Committee concluded that where the attorney represented both parties in drafting the contract, it violates Canons 6 and 34 for him to later represent one of them in a breach suit against the o…
Can a lawyer print a Chamber of Commerce advertisement promoting his city on the back of his office envelopes?
Yes. The Committee concluded that placing a Chamber of Commerce community advertisement on the back of an attorney's office envelopes violates no Canon, though it added that the better course would be…
Can a lawyer print his name and 'Attorney at Law' on his personal bank checks?
Yes. The Committee concluded that printing an attorney's name with 'Attorney at Law' on his bank checks, or using a check-writer that imprints 'Attorney' below his name, is not soliciting employment a…
Can a county judge disqualify himself and then appear as a lawyer in his own court, and can he keep his name in a law firm whose partner practices before him?
No to both. The Committee concluded a county judge may not disqualify himself and then act as an attorney in a matter handled in his court before a special judge, and may not maintain a law partnershi…
Can a lawyer pay an assistant county attorney part of a fee for referring a civil case, and must he withdraw when he learns the client already has counsel?
No on the fee, and yes he must withdraw. The Committee concluded that paying part of a fee to the assistant county attorney for referring civil business violates Canon 31 for both lawyers, and that th…
Can a lawyer drafting a client's will insert a provision naming himself as counsel for the estate?
Only if the testator requests it. The Committee concluded that inserting a provision naming the drafting lawyer as estate counsel is ethical when the testator requests it without the lawyer's solicita…
Can a plaintiff's lawyer copy the defendant directly on a settlement-offer letter sent to the defendant's attorney?
No. The Committee concluded that a plaintiff's attorney who sends a carbon copy of a settlement-offer letter directly to a defendant who is represented by counsel violates Canon 9, because it communic…
Can a lawyer run a newspaper card listing his name, that he is an attorney, and his field of practice?
No. The Committee concluded that for an attorney to run a card in a newspaper showing his name, that he is an attorney, and his field of practice would be improper, citing Opinion 68.
Can a lawyer send clients Christmas cards that identify him as 'Attorney at Law' on the card or the envelope?
No. The Committee concluded that Christmas cards or envelopes identifying the sender as 'Attorney at Law' violate Canon 24, though a card and envelope stating only the sender's name, with no reference…
Can a company employ a lawyer on a straight salary to handle its legal work and house him in the company's building?
Yes. The Committee concluded that a company may employ an attorney on a straight salary basis to defend and prosecute suits, write collection letters, and do its other legal work, and the attorney may…
Can a lawyer let the opposing party pay the fee for the work the lawyer does for his own client?
Only with the client's informed consent. The Committee concluded that a landowner's attorney accepting the easement-seeker's offer to pay the attorney's fee is unethical under Canons 6 and 35 unless t…
Can a lawyer buy a 'compliments' listing in a high-school football program that identifies him as an attorney?
A name-only listing is fine, but a listing identifying the person as 'Attorney at Law' violates Canon 24. A listing showing only a Criminal District Attorney's office does not violate the Canon if pub…
Is a lawyer responsible when newspapers report his courtroom successes, and when does that publicity become improper?
The Committee concluded that newspaper articles about a lawyer's case successes are not improper if written entirely by reporters from their own observation and court records with no input or control …
May a lawyer who once represented an estate's administratrix later represent heirs in a proceeding against her?
No. The committee concluded that a lawyer who formerly represented the administratrix may not represent heirs against her, even if she reposed no confidences in him, because he was in a position to ac…
May a lawyer pay to have his photograph and biography published in a newspaper's special commemorative edition?
No. The committee concluded that paying, directly or indirectly, to publish a lawyer's photograph and biographical sketch in a special newspaper edition is a form of advertising barred by Canon 27, re…
May the oil-lease purchaser's lawyer file the sale petition in a guardianship or estate that already has its own attorney of record?
The committee said the petition should formally be filed by the estate's attorney of record, though the purchaser's lawyer may draft documents and cooperate; the purchaser's lawyer must not put the sa…
May an attorney have his photograph taken and published in a local newspaper?
It depends on the purpose. The committee concluded a lawyer's photo published for a civic honor or community service is proper, but a photo tied to his cases, his litigation conduct, or any solicitati…
May a lawyer list fields of practice like 'Probate, Land Titles, Corporations' and 'General Practice in All Courts' on his letterhead?
No. The committee concluded that listing fields of practice on a letterhead represents that the lawyer is especially qualified in those fields and is a form of advertising barred by Canon 27, whose on…
May a lawyer state on his letterhead that he is also 'counsel' for a high-ranking state official?
No. The committee concluded that noting on a letterhead that the lawyer is 'counsel' for a top state official is a form of advertising, because it suggests special political or legal qualifications, a…
Can a plaintiff's lawyer write the represented defendant directly to urge him to push his insurer to settle within policy limits?
No. The Committee concluded that a plaintiff's attorney who writes a represented defendant directly, advising him to demand his insurer settle within limits and offering to settle, violates Canon 9, w…
Can a lawyer-legislator who sponsored a resolution letting a constituent sue the State then take the case and prosecute that suit?
No. The Committee concluded it would be unethical for a lawyer-legislator to accept employment to sue the State on a claim authorized by legislation he sponsored, treating it as contrary to the spirit…
Can a lawyer solicit another lawyer for contingent-fee work to help on a specific case or to revive a lost one?
No. The Committee concluded that soliciting employment from another lawyer on a contingent basis, whether to assist in a specific case or to revive a case the other lawyer has lost and forgotten, viol…
Can a lawyer leave his letterhead with a bank or loan company so its staff can write and sign collection letters in his name?
No. The Committee concluded that an attorney who leaves his letterhead with a bank or loan company so its staff can write, sign, and mail collection letters in his name, without his reviewing them, vi…
Can a lawyer dismiss a client's pending suit at the client's request without contacting the attorneys of record already handling it?
No. The Committee concluded that a lawyer who dismissed a client's suit at the client's request, without contacting the attorneys of record who had been handling it and without their knowledge or cons…
Can a lawyer who handled an estate's probate for the sole beneficiary later sue to remove the executor who paid his fee?
Yes. The Committee concluded that where the estate's administration was substantially complete and the lawyer had been employed by the sole beneficiary, no conflict precludes the lawyer from represent…
If a lawyer realizes shortly before trial that he must testify for his client, can he keep representing the client after testifying?
Yes, on these facts. A majority of the Committee concluded that where the lawyer did not know at the time of employment that he would be a witness, the necessity arose during the procedure preliminary…
Must an insurer-retained defense lawyer warn the insured of his Stowers rights against the insurer in time to demand a within-limits settlement?
The Committee did not resolve it. The eight members split 4-4 on whether an insurer-retained defense lawyer must inform the insured of his rights under Stowers, leaving it an open question. The member…
Can a lawyer list his name in bold or distinctive type in a telephone directory to stand out from other attorneys?
No. The Committee unanimously concluded that listing a lawyer's name in heavy black, bold-faced, or other distinctive type that sets it apart from the normal listing of other attorneys in a telephone …
Can a lawyer list his name twice in the yellow pages, once normally and once in reverse order, to appear more than once?
No. A majority of the Committee concluded that listing a lawyer's name in both normal order and reverse order in the classified section of a telephone directory violates Texas Canon 24, because it is …
Can a lawyer hired to collect delinquent county taxes pay a layman a percentage of the amount collected without suit?
No. The Committee unanimously concluded that paying a layman a percentage of taxes collected without suit, whether styled as a percentage or as a salary keyed to the prior month's collections, violate…
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.