Legal Ethics Opinions
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Can a lawyer give the opposing party a copy of a contract he drafted for his client, without the client's consent?
The Committee concluded that the Texas Canons neither prohibit nor compel a lawyer from furnishing the opposing lawyer a copy of a partnership contract he drafted for client X, without X's consent,…
Can a lawyer handling an insurer's subrogation claim tell the insured his injury claim may be barred and offer to handle that claim too?
The Committee concluded that a lawyer handling an insurer's subrogation claim may give the insured notice that the litigation could affect the insured's personal-injury rights, but may not suggest…
Can a plaintiff's lawyer write the unrepresented opposing party to explain the claim, his duty to his insurer, and the risk of an excess verdict?
The Committee concluded that a lawyer for an injured party may notify an unrepresented opposing party of a claim and suggest he seek counsel, but may not advise the tort-feasor as to the law and his…
Can a lawyer list his out-of-state office in the yellow pages of a city where he has no office, under a heading like 'Patent Attorneys'?
The Committee concluded that a Texas lawyer may not list his name, Texas office address, and telephone number in the classified section of an Oklahoma City telephone directory, where he has no…
Can a lawyer mail an office-move announcement card touting 'new and enlarged quarters' and his memberships in courts and civic organizations?
The Committee concluded that an attorney may not send an announcement card describing his removal to 'new and enlarged quarters' and listing memberships in specified court bars and civic…
Can a lawyer list his memberships in the American, state, and local bar associations on his letterhead?
The Committee concluded that an attorney may not indicate on his stationery that he is a member of the American, state, and local bar associations; such a statement is self-laudation rather than…
Can a lawyer sit as a city commissioner while his law partner represents clients with matters before that same commission?
The Committee concluded that one member of a law firm may not serve as chairman of the City Commission while his law partner accepts employment to represent clients with interests before the…
Can a lawyer who owns an abstract company route title work between the company and his law practice, post his law sign under the company's sign, and let his name run in the company's newspaper ads?
The Committee concluded that 'feeding' law business between an attorney and an abstract company he owns or manages violates Canons 24 and 25; that his professional sign placed below the company's…
Can two lawyers stay law partners when one of them is the County Judge and the other is the County Attorney of the same county?
The Committee concluded that it is generally improper for two lawyers to continue as partners when one is the County Attorney and the other the County Judge of the same county; because the judge's…
May a lawyer who also serves as a county commissioner try cases before circuit judges whose budget and salary the county commission controls?
Yes. The committee found no impropriety in a lawyer who was also a county commissioner trying cases before circuit judges, even though the county commission controlled the court's space, budget, and…
May a newly admitted lawyer cooperate with an unsolicited newspaper feature story about his night-law-school education?
Yes, within limits. The committee concluded the lawyer may cooperate, preferably anonymously, if he insists the article be dignified, not advertising, and not an appeal for sympathy, and reviews it…
May a lawyer list himself in the telephone directory of a town where he has neither an office nor a residence?
No. The committee concluded such a listing violates Canon 27 as advertising, because the only reason to appear in a directory where the lawyer neither lives nor practices is to advertise, not to be…
After the phone company left a lawyer's name out of the yellow pages, may it mail every subscriber a card correcting the omission?
No. The committee concluded that mailing correction cards to all subscribers would violate Canon 27 as indirect advertising; a correction may only go to other bar members and the lawyers' clients…
When a firm member is the city attorney, may the firm represent private clients before the city council, its boards, or the municipal court?
No. The committee concluded such representation violates Canon 6's bar on conflicting interests; because the city attorney himself could not appear, neither can his partners, since one partner's…
May a part-time assistant county attorney privately represent a beer-license applicant in a hearing his own office has a duty to contest?
No. The committee concluded the representation would violate Canon 6's bar on representing conflicting interests; full-time assistants cannot practice privately at all, and even a statutorily…
May a lawyer run a separate 'skip tracer' business locating missing persons for other lawyers without violating the canons?
Yes, but only narrowly. The committee concluded the lawyer was on dangerous ground; the side business is permissible if run from a separate office, conducted so as not to reveal his bar membership,…
May a law firm list itself in the telephone directory under the heading 'Adjuster' without noting that its members are lawyers?
No. The committee concluded the listing violated Canon 27, because claims adjusting is so closely tied to the practice of law that an attorney doing it would inevitably be practicing law, and such…
May a lawyer run newspaper ads offering 'Income Tax Service' if the ads omit that he is an attorney?
No. The committee concluded that the ads flagrantly violated Canon 27, and that leaving out the lawyer's profession was a mere subterfuge to evade the canons; a lawyer performing tax work that is…
Can a lawyer who sits on a charity's board disclose a client's undisclosed savings to prevent the client from continuing to receive aid he may not qualify for?
The committee concluded that a lawyer should not voluntarily disclose a client's confidences to prevent a crime unless the intended act is so serious that prevention outweighs the duty of secrecy,…
Can a Colorado lawyer who only rents office space to other lawyers list them as part of his firm or as associated with him?
The opinion concluded that a lawyer who merely rents space to other lawyers may not represent, by letterhead, phone listing, or otherwise, that they are associated with him or part of his firm,…
Can Colorado lawyers who only share office space and expenses list each other as "associates" on their letterheads?
The opinion concluded that lawyers whose only real relationship is sharing office space and expenses may not list each other as "associates" on their letterheads, because that implies a partnership…
Can a county attorney or prosecutor take private condemnation cases against the county, or private civil work arising from accidents he might prosecute?
No to private condemnation work where the county has a financial interest, and a prosecutor may not accept private civil employment from an accident if it might influence his judgment in the…
Can a lawyer suing or negotiating against a city deal directly with the City Council or City Manager instead of the city attorney?
The Committee divided equally (4-4) on whether a lawyer violates Canon 9 by negotiating directly with a City Council or City Manager rather than with the attorney representing the city, so it…
Can a lawyer who sits on a state commission defend a former client in a suit brought by the state, where the commission has no role in the matter?
The Committee unanimously concluded that a lawyer who is a member of the Texas State Highway Commission may defend his former client in a state suit for conspiracy to violate the Motor Carrier Act,…
Can a lawyer take a guaranteed annual retainer from one client, work from that client's offices at the client's expense, and offset fees earned from other clients against the retainer?
The Committee concluded that a lawyer may accept a guaranteed annual retainer from a client, with the client furnishing office space and overhead, reduced by the net fees the lawyer earns from other…
Can a Texas lawyer lend or advance money to a client, or guarantee the client's credit, when repayment depends on the outcome of the client's claim?
The Committee concluded that in Texas advancing or lending money to a client can be condemned only where it amounts to solicitation: it is improper before employment to obtain a case, and improper…
Can a defense lawyer send a represented plaintiff a copy of a letter to the plaintiff's attorney demanding a physical examination, even long after suit is filed?
The Committee concluded that defense attorneys may properly send plaintiffs copies of letters to plaintiffs' counsel requesting a physical examination by the defendant's physician, even well after…
Can a bank require borrowers to use the bank's attorney for loan papers, can one lawyer represent both buyer and seller, and can the buyer's lawyer offer to prepare the seller's deed?
The Committee concluded that a bank may require its own attorney to prepare the mortgage and note (with the borrower's own counsel preparing other papers), that one lawyer may represent both buyer…
Can a Texas lawyer form a partnership with a District of Columbia lawyer under a joint firm name if the letterhead shows the out-of-state partner is in the Washington office?
The Committee concluded that a Texas lawyer may form a partnership with a lawyer admitted only in the District of Columbia under a firm name using both partners' names, provided the letterhead shows…
Can a county attorney interview an arrested person in jail to decide whether to prosecute and to testify at trial, when someone else in the office tries the case?
The Committee concluded that a county attorney or assistant may see and talk with a jailed accused shortly after arrest in order to later testify, provided the accused has no attorney at the time,…
Can a retired lawyer volunteer to defend indigent criminal defendants for free without violating the rules against solicitation?
The Committee concluded that a lawyer may properly volunteer free legal advice and assistance to the indigent and needy, so long as it is not done with the improper motive of self-advertisement, and…
Can a lawyer buy a professional-card advertisement in the business directory of a charity event program, such as a Shrine Circus program?
The Committee concluded that a lawyer may not publish his professional card in the business and professional directory of a Shrine Circus program, because a professional card may be published only…
Can Texas lawyers who have formed a new association run a newspaper notice announcing the association and one partner's change of office address?
The Committee concluded that lawyers may not cause a newspaper notice to be published announcing the formation of their new association or one lawyer's change of office address, because such a…
Can a Texas lawyer send other local lawyers an office-opening announcement card stating 'General Civil Practice - Collections'?
The Committee concluded that a lawyer may not send other members of the local bar an office-opening announcement card stating he will engage in 'General Civil Practice - Collections,' because the…
How may a Texas lawyer announce an office move, name his office building, and sign published notices to estate creditors without improper advertising?
The Committee concluded that a lawyer may mail a simple office-move announcement (with a phone number) to regular clients but may not publish it in a newspaper, mail it to non-clients absent…
May a Texas County Judge practice law in the County Court-at-Law, and can he keep handling probate matters pending in his own county court?
The Committee found that a County Judge's private practice before other courts is governed by statute (Art. 319, Civil Statutes; Arts. 402 and 403, Penal Code), not by any Canon, so it declined to…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.