Legal Ethics Opinions
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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),…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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,…
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,…
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…
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,…
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,…
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…
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…
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…
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…
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…
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…
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,…
Is it misconduct for a lawyer to slip a clause into a will, without the testator's knowledge, naming the lawyer's firm to represent the estate?
Yes. The Committee unanimously concluded that inserting a provision naming the drafting lawyer's firm to represent the estate, without the testator's request or knowledge, is fraudulent and…
Can a county judge, in private practice, defend a company in a wrongful-death suit he had ordered the guardian to file as probate judge?
No. The Committee concluded that, although Texas law did not legally bar a county judge from private practice on these facts, he should not accept employment to defend the transportation company in…
Can a building-and-loan association require its own law firm to prepare all loan papers even though the borrower wants his own lawyer?
Yes, on these facts. A majority concluded that a building and loan association may select its own attorneys and require them to prepare all loan papers, and the selected attorneys do not violate the…
Can lawyers form and own a collection corporation, run by non-lawyers, to collect delinquent accounts owed to lawyers?
A majority concluded it is not improper for a lawyer to form and own stock in a corporation, managed by non-lawyers, formed to collect delinquent accounts owed to lawyers. The members divided…
Can a lawyer hire a legislator as co-counsel solely to trigger a mandatory legislative continuance and delay the trial?
No. A majority concluded it is unethical, both for the legislator to accept and for the attorneys to make such employment, where a member of the Legislature is hired as co-counsel for the sole…
Can a lawyer named independent executor also represent the devisees in suing a tenant who is a stranger to the will over the estate's leases?
Yes, on these facts. The Committee concluded that an attorney appointed independent executor may, at the devisees' request, represent them in a meritorious suit against a stranger-tenant for…
Can a lawyer submit a competitive bid when a city asks local bar members to bid for the job of recodifying its ordinances?
No. A majority concluded that submitting a bid in response to a city's general request for bids to recodify its ordinances is unethical and not in keeping with the dignity of the profession,…
Can a lawyer mail postcards endorsing a candidate for office that show his name, address, and 'attorney at law' designation?
By a bare majority, yes. The Committee concluded that a lawyer may mail an endorsement of a candidate showing only his name, address, and designation as an attorney at law, whether to friends or…
Can a prosecutor's non-lawyer investigators work out a guilty plea with a jailed defendant who has a lawyer, without involving that lawyer?
No. The Committee unanimously concluded that a district attorney who, through non-lawyer investigators, works out guilty pleas with represented prisoners without consulting their counsel violates…
Can a prosecutor (or his firm) take a contingent-fee civil damage suit arising from the same accident he is prosecuting criminally?
No. A majority concluded that a district attorney prosecuting a defendant over a highway accident may not, and neither may members of his law firm, press a civil damage suit growing out of the same…
Can a lawyer office with a bail-bond company, sign under its bail-bonds sign, and be paid by the bondsmen to get habeas writs for their customers?
No. The Committee unanimously concluded that a lawyer who offices with a bail-bond company, places his small professional sign under the company's prominent bail-bonds sign, is employed by the…
Can a lawyer who practices criminal law also run, or have an interest in, a bail-bond business?
No. The Committee unanimously concluded that a lawyer who practices criminal law violates Texas Canon 24 by engaging in the business of making bail or other bonds in criminal cases, under his own or…
Can a defense lawyer post bond as surety for his own client in a criminal case?
Only with the court's leave. The Committee concluded that, although no specific canon barred it, a lawyer acting as surety on his client's bond in a criminal case violates the spirit of Texas Canon…
May a lawyer use a neon sign outside the building or in an office window?
No. The committee concluded that a neon sign, or any sign of unusual illumination, design, or size, is obviously intended to attract attention and is advertising in violation of Canon 27.
May a lawyer defend a suit brought by someone who earlier consulted his partner about bringing that same suit but did not retain the firm over a fee disagreement?
It depends. The committee concluded the firm is disqualified only if the partner received information helpful to the defense; if the partner did not discuss the merits or acquire usable facts, the…
Can a lawyer manufacture a dispute in a workers' compensation case just to charge the maximum allowed contingent fee?
The opinion concluded the lawyer cannot. It is unethical to concoct an aura of contest where there is no true contest, or before any conflict is known, for the sole purpose of charging the statutory…
Can a defendant's lawyer send a letter jointly to the plaintiff and the plaintiff's attorney demanding a physical examination?
Yes, on these facts. A majority concluded that a defendant's attorney does not violate Canon 9 by writing a letter addressed jointly to the plaintiff and the plaintiff's attorney demanding that the…
Can a lawyer have his phone number listed in a city directory when the listing depends on subscribing to the directory in advance?
Yes. The Committee unanimously concluded that it is not a violation of the Canons for a lawyer to have his telephone number shown beside his name and address in a city directory, in both the…
Can a prosecutor question a represented criminal defendant, seek a guilty plea, or order a lie-detector test without the defense lawyer's consent?
No. The Committee unanimously concluded that, because a criminal defendant is a 'party' under Canon 9, a district attorney or his staff may not attempt to elicit a confession or plea of guilty, or…
Can a lawyer who is also a licensed CPA hold himself out as practicing both law and accounting at the same time?
A lawyer may use his accounting knowledge in his law practice, but the Committee concluded that if he holds himself out as a practicing accountant he should not at the same time hold himself out as…
Is a judge disqualified when his lawyer-son tries a case, on contingency, in his court, and can the judge set his son's fee?
A judge is not disqualified merely because his son is one of the attorneys, in either a civil contingent-fee case or a criminal case, because the attorney is not a 'party.' But the Committee…
Can a firm distribute printed real-estate sale forms that show the attorneys' names and the firm as escrow agent?
No. A majority of the Committee concluded that a firm's practice of providing printed real-estate sales agreement forms showing the issuing attorneys' names and the firm's name as escrow agent…
Can a lawyer put a window sign reading 'Tax Service' or 'Income Tax' on the office, and how big can an office-location sign be?
No to the tax-service sign. The Committee unanimously concluded that a window sign reading 'Tax Service' or 'Income Tax,' whether placed by the lawyer or by office-mates on his behalf, is improper…
Can a lawyer serve as district attorney while remaining a member of a private law firm?
Yes, by a bare majority. The Committee concluded (5-4) that a lawyer may continue as a member of a law firm while holding the office of district attorney, so long as no member of the firm takes a…
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.