Legal Ethics Opinions
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May a county bar association run newspaper ads urging the public to use a lawyer to prepare their legal papers?
Yes. The committee concluded such institutional, educational advertising by the organized bar does not violate the Canons, adopting ABA Opinion 179's conditions, provided it teaches the value of…
Can a lawyer help organize a collection agency, and can he call on prospective clients with a card touting his collection work?
The business is allowed, the in-person pitch is not. The Committee held (10-0) a lawyer may organize a collection agency or any legitimate business so long as he does not advertise himself as a…
Can a lawyer advertise a separate non-legal business he runs without violating the advertising rules?
Yes, within limits. The Committee concluded (9-1) that a lawyer may advertise a legitimate business he is engaged in, provided the advertisements do not, directly or indirectly, advertise him in his…
Can a lawyer write legal articles for a trade publication, and can the articles answer readers' individual legal questions?
The articles are allowed, individualized advice is not. The Committee concluded (9-1) that a lawyer may write articles of a legal nature for a trade publication, provided he does not advise…
Can a lawyer take an insurer's subrogated claim on contingency, and also handle the insured's own deductible portion of the same claim?
Yes to the subrogated claim; the insured's portion needs the insured's request and consent. The Committee held (10-0) a lawyer may handle subrogated claims on contingency, and may also handle the…
Can a lawyer submit a brief to the trial judge in a pending case without sending a copy to opposing counsel?
No. The Committee unanimously concluded (10-0) that a lawyer may not file a brief covering the principal points in a pending action with the trial judge without furnishing a copy to opposing…
Can a prosecutor have a criminal defendant examined by doctors during trial without the defense lawyer's knowledge or consent?
No. The Committee unanimously concluded (10-0) that for a prosecuting attorney to have the defendant examined by doctors during trial without the knowledge or consent of defense counsel violates…
Can the plaintiff's lawyer in a garnishment also file the answer for the garnishee bank?
Only with consent. The Committee unanimously concluded (10-0) that the plaintiff's lawyer would violate Canon 6 by filing an answer for the garnishee without the consent of all concerned after full…
Can a lawyer who works as an insurance claims representative put that title and the insurer's name on his professional card?
No. The Committee concluded (8-2) that a lawyer may not include on his professional card that he is a claim representative for a named insurance company; Canon 39 limits the card to the lawyer's…
Can a lawyer record a telephone conversation without telling the other person it is being recorded?
Under this 1953 opinion, yes. The Committee unanimously concluded (10-0) that recording a telephone conversation without advising the other person that a record is being made would not violate the…
Can a lawyer's law-list listing name several clients and add 'list of references on request'?
Yes. The Committee concluded (7-3) that a professional listing in a law list may include the names of six clients and the statement 'list of references on request' without violating Canon 39.
Can a lawyer who serves as a city alderman defend criminal cases in his own city's city court?
No. The Committee unanimously concluded (10-0) that it would violate Canon 6 for a lawyer who is a city alderman to accept employment in criminal cases before the city court of his city.
Can a lawyer who examines a title abstract stamp his firm name, address, and 'Attorney at Law, Examined by' on the abstract?
The Committee did not resolve it. The members split evenly (5-5) on whether stamping a firm name and 'Attorney at Law, Examined by' on a title abstract is advertising barred by Canon 24, leaving the…
Can a lawyer list his name and address in the advertising section of a rural and suburban directory?
No. The Committee unanimously concluded (10-0) that listing a lawyer's name and address in the advertising section of a 'rural and suburban directory' violates Canon 24, which prohibits…
Can a law firm let its name appear on manuscript covers used for abstract work put out by an abstract company a firm member owns?
No. The Committee unanimously concluded (10-0) that a firm may not permit its manuscript covers, showing the firm's name and location, to be used on abstract supplements and other work furnished by…
Can a plaintiff's lawyer send a settlement demand directly to a represented defendant if he copies the defense lawyer and insurer?
No. The Committee concluded (9-1) that writing directly to a represented defendant, even with copies to defense counsel and the insurer, offering to settle and warning of excess-verdict exposure,…
Can a lawyer state 'Tax Practice Exclusive' or a list of exclusive tax practices on his card or letterhead?
Yes. The Committee concluded (10-1) that a lawyer may carry 'Tax Practice Exclusive,' or 'State and Federal Income, Estate and Inheritance Tax Practices (Exclusive),' on his card or letterhead…
Can a lawyer who knows of a person's unknown interest in a trust fund tell them and offer to represent them for a percentage?
He may tell them, but not solicit the work. The Committee held (9-0) that a lawyer should acquaint the person with the facts of his trust-fund interest, but making any suggestion as to employment,…
Can the statutory newspaper notice to estate creditors include a line naming the attorney who represents the estate?
Yes. The Committee concluded (6-3) that the statutory notice to creditors of an estate may, in addition to the information the statute requires, include a line giving the name of the attorney who…
Can a lawyer hired by creditors to open an estate administration also collect a fee from the estate for recovering one of its assets?
Yes, on these facts. The Committee held (9-0) that a lawyer employed by creditors to take out an administration and collect their claims may take fees from the creditors and also a fee from the…
Can a lawyer mail an insurance company a reply card offering, at set fees, to prepare its annual statements, tax returns, and corporate filings?
No. The Committee held (9-0) that the reply card is a flagrant violation of Canon 24's bar on direct or indirect solicitation, and that justifying it as the work of an 'Insurance Consultant' would…
Can a lawyer list practice areas like 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card?
No. The Committee held (8-1) that listing 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card is too broad to qualify as the 'special branches' a card may note under…
Can a lawyer who drafts a client's will be named in it as executor and estate attorney, and can the lawyer also be named a beneficiary?
The Committee held (9-0) that a drafting lawyer may be named executor and attorney for the estate if no pressure is brought on the client and the appointments reflect the client's true desire, but…
Can a lawyer mail a client a magazine article, either with a fee statement or alone in a business envelope, that the lawyer thinks the client should see?
No. The Committee held (9-0) that both enclosing a magazine article with a statement for services and mailing the article alone in the lawyer's business envelope are an indirect form of solicitation…
After a court-appointed attorney ad litem loses for absent defendants, can the same lawyer be hired by those defendants to reopen the judgment?
Yes. The Committee held (9-0) that a court-appointed attorney ad litem for nonresident defendants who, after judgment, is contacted by them and given evidence defending against the limitation claim…
Can a lawyer put a 'tax service' card in a newspaper's legal directory, and can professional cards run in a newspaper at all?
The Committee held (8-1) that a lawyer may insert 'tax service' in a card in a 'Legal Directory,' but that professional cards may not be published in a newspaper, because the State Bar had resolved…
Can two lawyers who each keep their own clients use a joint firm name like 'Smith and Jones' if they are not actually partners?
No. The Committee held (6-3) that lawyers may not hold themselves out as partners when they are not, finding the practice a violation of Texas Canon 30 and ABA Canon 33 as interpreted in ABA…
Can a lawyer who represents a decedent's estate also file a third party's claim against that estate and seek a fee from the estate for collecting it?
No. The Committee held (9-0) that an attorney representing a decedent's estate may not file a claim for a third party against that estate and request an attorney's fee from the estate for collecting…
Can one lawyer in a firm represent a utility before a city council while a partner in the same firm serves as the city attorney?
No. The Committee held (9-0) that a firm member may not represent a public utilities company before a city governing body while another member of the same firm serves that body as its legal advisor,…
Can a Texas firm keep offices in several cities, list a non-Texas-licensed partner, and run separate per-city Martindale-Hubbell sketches for all its members?
The Committee held that a firm may maintain offices in several Texas cities and may list a partner or associate not licensed in Texas under stated conditions, but (8-1) may not carry separate…
Can a law firm forward a missing-heir search to a non-lawyer locating company and share in that company's contingent fee?
No. The Committee held (8-1) that a law firm may not forward a missing-person search to a non-lawyer locating concern and share in its contingent fee, because Canon 31 permits dividing fees only…
Can a lawyer who is listed under 'Attorneys' in the yellow pages also take a separate 'Title Service' listing soliciting title insurance?
No. The Committee held (9-0) that a lawyer listed under 'Attorneys' in the telephone yellow pages may not also carry a 'Title Service' listing giving his name and soliciting title insurance, finding…
Did a lawyer violate the fee-division rule by splitting pay with a county auditor for bond-transcript work done before he practiced law?
No. The Committee held (7-5) that a lawyer who assisted the county auditor in preparing bond transcripts, none of it done while holding himself out as practicing law, and who split the compensation…
Can a lawyer run a newspaper card with his name, address, phone, and a note that he has practiced in the area for 25 years?
No. The Committee held (9-0) that publishing such a card in a local newspaper violates Canon 24's bar on solicitation and Canon 39, which limits cards to reputable law lists and directories and to…
If two partners separately took on opposite sides of the same dispute without knowing it, can the firm keep representing one side?
No. The Committee held (7-2) that where two partners separately consulted with and accepted employment from opposing parties to a dispute, each ignorant of the other, the firm should withdraw from…
Can a lawyer approach city officials to get a contract to collect the municipality's delinquent taxes?
No. The Committee held that a lawyer may not contact municipal officials to secure a contract to collect the city's delinquent taxes, finding it solicitation of business barred by Texas Canon 24 and…
If opposing counsel won't relay a settlement offer, can a lawyer send a joint letter to that counsel and the opposing client about a possible compromise?
No. The Committee held (9-0) that sending a joint letter to the adverse attorney and his client about a possible compromise directly violates Canon 9's bar on communicating with a represented party,…
Can a tax lawyer mail regular clients a monthly tax newsletter covering Treasury and court developments?
Yes, with limits. The Committee held (5-4) that a tax-specializing lawyer may send monthly tax letters in his own envelopes to regular clients, provided distribution is limited to regular clients…
May a lawyer practice in a court where his law partner sits as the part-time judge (justice of the peace or police judge)?
No, as to that court. The committee concluded the partnership itself was proper since the part-time judge could practice in other courts, but the partner could not practice in the court over which…
Is a lawyer disqualified from representing a surviving partner in litigation, and what happens if the lawyer may be a witness?
On the facts given, the committee found no apparent conflict under Canon 6, so the lawyer was not disqualified from representing the surviving partner; it cautioned that if the lawyer became a…
May a lawyer take over a case from the client's prior lawyer, and who decides the prior lawyer's fee?
Yes. The committee concluded a client has the absolute right to discharge counsel and substitute another, so a lawyer who did not solicit the matter does nothing unethical by accepting it; the…
May a lawyer send a debtor a letter dressed up to look like court process to pressure payment before any suit is filed?
No. The committee concluded it is improper to mail a debtor an instrument resembling process before suit, because its purpose is to create the false impression that judicial proceedings have begun,…
May a lawyer running for public office state on campaign cards that he is a lawyer and describe his qualifications for the office?
Yes. The committee concluded campaign cards setting forth a candidate's qualifications, including legal training, are not unethical, on the presumption that the candidate genuinely seeks the office,…
May a law firm's letterhead advertise that its members are former public officials, such as an ex-judge or ex-U.S. Commissioner?
No. The committee concluded that a letterhead calling attention to members being ex-officeholders was self-laudation and indirect advertising that violated Canon 27.
May a county attorney (prosecutor) use the threat of criminal charges to collect a private debt, such as a bad check?
No. The committee concluded that an assistant county attorney who used his office to compel payment of a private bad-check debt by threatening criminal prosecution acted unethically and was subject…
Can the lawyer who drafted an incompetent client's earlier will reveal its contents and the client's mental state to the client's son and guardian?
No. The Committee held (8-1) that the lawyer may not disclose the contents and circumstances of the first will or his opinion of the testator's mental condition, because Canon 34's duty to preserve…
Can a lawyer print a slogan like 'see an attorney first, and save' across the top of his professional card?
No. The Committee held (9-0) that printing 'If a deal is to be made where legal advice is needed see an attorney first, and save' in bold letters atop a professional card is unethical and violates…
Can a lawyer's power of attorney include a clause where the lawyer agrees to bear all costs and expenses of any investigation and litigation?
No. The Committee held (8-1) that a power of attorney in which the lawyer assumes full responsibility and liability for all costs and expenses of any necessary investigation and litigation violates…
Can a tax lawyer put 'tax service' on his letterhead, in a newspaper's professional directory, or elsewhere in a newspaper?
The Committee held (9-0 on each part) that 'tax service' may appear on a lawyer's letterhead and in a newspaper's professional directory, but that a tax-service card placed in any other portion of a…
Can a lawyer list his name, phone number, and address in the classified directory of a newspaper?
No. The Committee held unanimously (9-0) that inserting an attorney's name, phone number, and address in the classified directory of a newspaper violates Canon 24.
Can a firm list on its letterhead, as an associate, a lawyer licensed elsewhere but not yet admitted to practice in Texas?
No. The Committee held unanimously (9-0) that a firm may not carry on its letterhead, as an associate, a person licensed in another jurisdiction and before the U.S. Patent Office but not yet…
Can a city attorney also represent criminal defendants in courts other than the city's corporation court?
The Committee concluded (8-1) that a city attorney's practice of criminal law in courts other than the corporation court is permissible, and that representing defendants in cases where city police…
May a salaried county attorney also accept private civil clients who consult his office?
The Committee held (8-0) that a county attorney may not accept civil employment from someone who consulted him in his official capacity rather than for his private skill, and may not take civil…
When is a lawyer disqualified by conflicting interests among an executor, a note's maker, and defendant legatees in a suit to interpret a will?
The Committee found multiple disqualifying conflicts (all 9-0): the executor's chief counsel, who also represents the note's maker, must recuse; a firm member is no better positioned; counsel for…
Can a lawyer sign as surety on a bail bond for a felony defendant, whether a client or a friend?
The Committee held (6-1) that a lawyer becoming surety for individuals indicted for felonies, whether for his own clients or as a friend, was not a violation of the law or any Canon. The opinion is…
May a county judge who is also a lawyer represent clients in justice and county courts in other counties?
The Committee held (8-1) that it is not unethical for a county judge to represent clients and friends in justice and county courts in counties outside his own county.
Can a law firm put large neon signs with the lawyers' names on the outside of its office building?
The Committee held unanimously (9-0) that two neon signs on a downtown corner building, with two-foot lettering extending 10 to 12 feet along the side, constituted commercial advertising in…
Is it a breach of legal ethics for a lawyer to run a professional card in a newspaper announcing the lawyer's name, practice, and office hours?
The committee concluded yes. A professional card placed in a newspaper and paid for by the lawyer was treated as solicitation of business by advertising, condemned under the Canons of Professional Ethics.
May a lawyer represent a claimant against a former employer when, before admission to the bar, the lawyer investigated and handled that same claim as the employer's lay claim agent?
The committee concluded no, without the former employer's consent. A claim agent who investigated a claim acquires confidential information so nearly like that of a lawyer that Canon 6's bar on…
May a lawyer provide legal services to members of an automobile club under a membership plan where the club pays for and limits the fee?
The committee concluded a lawyer may serve a club on matters common to all members, but furnishing legal services to individual members on their own affairs through the club ran afoul of Canon 35's…
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.