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 one lawyer defend both drivers charged after a collision, even if they have settled their dispute with each other?
The Committee held (9-1) that one attorney may not defend both drivers charged with negligent collision, even after the drivers amicably settled, because their positions necessarily conflict,…
Can a lawyer share office space with an abstract and title company and do all of the company's legal work?
The Committee held (7-2) that, on the sparse facts presented, a lawyer may share quarters with an abstract and title company, show his name on the window and in the directory at the company's…
Can a lawyer serving as a union's regional legal-aid counsel take case intake forms from the union and write injured members offering to take their cases?
The Committee held unanimously (10-0) that the arrangement was improper: receiving union-supplied accident intake forms made the lawyer party to lay case-funneling, his letter offering assistance…
Can a lawyer run a newspaper classified ad offering income-tax return preparation and claiming to be a tax specialist?
The Committee held unanimously (10-0) that a newspaper classified ad reading 'Income Taxes / Be Safe, have your report made by a lawyer / Specialist income tax laws,' with the lawyer's address and…
Can a lawyer set up a sham conveyance and reconveyance to put a lien or mortgage on property he knows is a homestead?
The Committee held unanimously (10-0) that a lawyer who knows property is a homestead may not arrange the regular device of conveying it to a third party who reconveys to the owner retaining a…
Can a lawyer put a modest neon sign with his name and phone number over the entrance to his suburban office?
The Committee held by a divided vote (6-4) that a neon sign about 5 feet long and 2 feet high, showing the attorney's name and telephone number over the entrance to his office in a suburban shopping…
Can the law partner of a county attorney defend criminal cases in the district court of that same county?
The Committee held (7-3) that the law partner of a county attorney may not practice criminal law in the district court of the county where his partner is county attorney, even if limited to cases…
Can a lawyer who represented one heir in a will contest later represent the administrator of the estate's residue?
The Committee held unanimously (10-0) that a lawyer who represented one of sixteen heirs in a will contest should not accept employment by the administrator of the residue estate where the…
Must a judge recuse from a civil case just because his son, a former law partner, represents one of the parties?
The Committee held unanimously (10-0) that the father-son relationship alone does not disqualify a judge from trying a civil case, but that the judge should recuse if the case came in while he and…
Can a lawyer demanding damages from the other driver also send her, under his son's name, an undisclosed solicitation to buy insurance from the son's agency?
The Committee split evenly (5-5) on whether the conduct violated Canon 6: half thought demanding damages from the other party and then signing the lawyer's son's name to an undisclosed insurance…
Must a lawyer tell the court a divorcing wife is pregnant when a statute requires disclosing children for custody and support?
The Committee held unanimously (10-0) that the information must be disclosed; a lawyer may not knowingly withhold from the court in a divorce case his knowledge that the wife is pregnant, with a…
May a surviving partner keep using a firm name that includes a deceased partner's name?
The Committee concluded the continued use is not unethical in itself where local custom permits it, but it is improper where the firm name would mislead by representing that the deceased is still a…
May a newly elected county judge finish his unfinished private law practice while also performing his judicial duties?
The Committee thought the proposal of doubtful propriety, but declined to render an actual opinion because the Bar Association's authority to speak in such circumstances was highly doubtful.
May a lawyer pay to publish his photograph, identified with his name and profession, in a newspaper or magazine?
The Committee concluded that a lawyer's paying, in whole or part, to publish his photograph identified with his name and vocation is solicitation by advertising and is condemned under the Canons.
Is whether a lawyer's courtroom testimony was a violation of the Canons a question the ethics committee will answer?
The Committee declined to answer, concluding the question turned on the admissibility of evidence, a matter for the courts rather than the ethics committee.
May a tax lawyer mail his regular clients letters or cards setting appointment dates to gather information for their income-tax returns?
The Committee concluded there is no impropriety so long as the notices go only to clients he already regularly serves, observe the rule against solicitation, and are sent in a sealed letter rather…
May a practicing attorney also run an insurance agency, and how must he advertise it?
The Committee concluded he may, provided the two businesses are kept separate so neither is used to procure business for the other, and he does not advertise himself as an attorney in connection…
May a practicing lawyer who also works as an insurance claims adjuster advertise his adjuster services by pamphlet to insurance companies?
By majority, the Committee concluded the advertising would not be proper, because the two callings are so closely affiliated that soliciting adjuster business could readily become solicitation of…
May a practicing lawyer also run an abstract business in the same county and share office quarters with the abstract company?
The Committee found no rule flatly forbidding it, but concluded the abstract business is so interrelated with law practice that doing both ethically would be most difficult, and it did not approve…
When a firm represented several aligned parties but only the lead client paid, what does the firm owe the others once that client sells out and drops the appeal?
The Committee concluded the firm must notify every party who relied on its representation that the lead client has withdrawn, that the firm will not resist the appeal unless separately employed and…
May a law firm let its name appear on an automobile association's law list of recommended attorneys for the association's insureds to use in litigation?
The Committee concluded the listing would not be proper. Canon 27 precluded it, the ABA had not approved the particular law list, and prior Oklahoma opinions had decided similar questions the same way.
Can a criminal district attorney prosecute a case against his own relative?
The Committee held unanimously (10-0) that a criminal district attorney may not prosecute a relative, because doing so offends the spirit of Canon 6 on adverse influences and conflicting interests;…
Can a lawyer list deceased lawyer relatives and a 'lawyers since 1840' family lineage on his letterhead?
The Committee held (7-3) that listing deceased relatives, with dates and nicknames, on a letterhead violates the spirit of ABA Canon 27 (self-laudation) and Canon 29 (dignity of the profession);…
Can a lawyer list his name and phone number in the yellow-pages 'Attorneys' section, including in nearby towns that have no lawyers?
The Committee held unanimously (10-0) that listing an attorney's name and telephone number under 'Attorneys' or 'Lawyers' in the classified (yellow-page) telephone directory is proper, and that the…
Can a lawyer publish a name-address-phone listing in a newspaper's 'professional directory' classified column?
The Committee held by majority (9-1) that publishing a bare name, address, and telephone listing (for lawyers other than patent, copyright, and admiralty practitioners) in a newspaper's…
Does a lawyer's name and 'Attorney at Law' in a dog-show catalogue stud-fee ad violate the advertising Canons?
The Committee held (9-1) that a dog-show catalogue ad soliciting stud fees that included the owner's name with 'Attorney at Law' did not violate the Canons, though it would have been better form and…
Can a lawyer use a written prepaid retainer agreement for ongoing consultation and advice, with defined limits on the services covered?
The Committee held unanimously (9-0) that an attorney may use a written retainer agreement employing him for a stipulated advance fee to consult and advise a client, where the agreement defines…
Can the winning lawyer write the jurors after a verdict telling them no misconduct occurred and to refuse to talk to the other side's investigator?
The Committee held unanimously (7-0) that the winning attorney's post-verdict letter complimenting the jurors, assuring them none of the enumerated matters was misconduct, and advising them to…
Can a Texas lawyer list their name, address, and phone number in a newspaper's classified 'Business Service Directory' section?
The Committee held by a 6-3 vote that a listing under a regular newspaper column headed 'Legal Directory' is proper, but the listing here, placed in the classified-ad 'Business Service Directory'…
Can a Texas lawyer run a newspaper ad offering to buy and sell real estate mortgage notes and arrange loans, with their name and contact information?
The Committee held unanimously (8-0) that a newspaper ad reading 'Real Estate mortgage notes bought and sold, business, residential, repair loans' with the lawyer's name, address, and telephone…
Can a prosecuting attorney privately represent a defendant in a civil case arising out of the same accident the prosecutor charged the other party over?
The committee concluded that a prosecuting attorney was precluded from accepting private employment to defend a railroad in a civil damages suit brought by a truck driver the prosecutor had earlier…
If one partner in a law firm is the county attorney, can another partner defend someone being prosecuted for a felony in a different county?
The Committee held unanimously (9-0) that a lawyer who is county attorney in the county of the firm's domicile, and his partner, may not accept a retainer to defend a person being prosecuted for a…
Can a lawyer give the judge a memorandum or authorities on the case without telling opposing counsel?
The Committee held unanimously (8-0) that a lawyer may not communicate with the court without making full disclosure to opposing counsel and giving that lawyer an opportunity to be present or to…
Can an insurance company's lawyer set up and handle a friendly suit to settle a minor's injury claim against the insurer when the claimant has no lawyer?
The Committee held (6-3) that the insurer's lawyer may not act as attorney for the claimants in a friendly suit against the company, but may prepare the papers for the adjuster, avoid contact with…
Is a gratuitous insult in a letter from one lawyer to another a Canon violation, or just a matter for a grievance committee?
The Committee held (7-1) that a gratuitous insult in a letter from one attorney to another did not violate any of the Canons, though it deplored the conduct and said it might call for action by a…
Can a lawyer mail other lawyers a plan inviting them into a reciprocal referral society to exchange specialized cases for set fees?
The Committee held unanimously (9-0) that a circular letter soliciting lawyers and others to form a reciprocal referral society violated Texas Canon 24 and ABA Canon 27; solicitation of strangers…
If a workers' comp claimant asks the employer's lawyer whether to appeal the board's award, what can that lawyer say without breaching loyalty to the employer?
The Committee held (7-0) that the employer's attorney should disclose his position to the claimant, represent the employer with undivided fidelity without revealing its confidences, and, if the…
Does the no-contact rule only bar settlement talks with a represented party, or does it bar all communication, and can a lawyer still interview the other side's employees as witnesses?
The Committee held (7-0) that Canon 9 bars a lawyer from communicating with a represented party for any purpose, not just to negotiate, but it does not bar interviewing a potential witness other…
Can a justice of the peace who is also a lawyer practice criminal law in higher courts or in another county?
The Committee answered yes (6-1), but only where the matter has not been before him in any way in his capacity as justice of the peace, and a majority added that it would be highly preferable for…
Can a partnership announcement state that the firm's practice is restricted to certain fields like oil and gas, real property, corporations, and estates?
The Committee held (5-2) that an association announcement stating 'Practice restricted solely to matters concerning oil and gas - real property - corporations - estates' was improper and violated…
When a lawyer leaving public office puts out a newspaper notice that he won't seek re-election, can it praise his legal skills or hint at taking new clients?
The Committee held unanimously (7-0) that such a notice may factually report the lawyer's public service, but may not extol his professional attainments or ability, emphasize his special familiarity…
Can a lawyer who serves as a county judge keep practicing law, and what limits apply?
The Committee held (7-0) that a county judge may practice law within the limitations set by statute (Art. 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code); the Canons do…
Can a lawyer write and get paid for general legal articles in newspapers or trade journals, and can he be listed as a publication's free legal adviser?
The Committee held (6-1) that a lawyer may write and sell general legal articles for newspapers, magazines, or trade journals so long as he does not advise inquirers about their individual rights,…
Can a lawyer who is also a state senator or representative note that office on his professional card?
The Committee held unanimously (7-0) that a lawyer may not state on his professional card that he is a State Senator or State Representative; such a reference would violate Canon 39.
If a former client falsely testifies that the lawyer gave him certain advice, may the lawyer reveal the truth and testify despite the privilege?
The Committee held unanimously (7-0) that a Texas attorney falsely accused by his client (a California lawyer) in the client's California disciplinary proceeding may voluntarily testify; the client…
Can a lawyer advertise in the Texas Bar Journal that he is licensed before the Treasury Department and U.S. Tax Court and will handle tax work for other lawyers by mail?
The Committee held unanimously (7-0) that a Texas Bar Journal ad soliciting tax work by mail and stating that the attorney is licensed to practice before the Treasury Department and the U.S. Tax…
Can a Texas lawyer be listed in a regular newspaper column headed 'Legal Directory'?
The Committee held that a professional listing in a regular newspaper column headed 'Legal Directory' is not improper where it contains only the statements expressly allowed by Canon 39. The opinion…
Can a Texas lawyer be listed in the classified section of a telephone directory?
The Committee held unanimously (7-0) that attorneys may be listed in the classified section of telephone directories, provided no advertising matter is included, consistent with ABA Opinion 241.
Can a lawyer leaving the Attorney General's office run a newspaper announcement that he now practices privately, specializing in the matters he handled for the State?
The Committee held unanimously (7-0) that a newspaper announcement saying a lawyer formerly with the Attorney General's office or another State department is now in private practice specializing in…
Can a lawyer place a professional listing as a newspaper ad in a general section, next to commercial ads, rather than in a legal directory column?
The Committee held unanimously (7-0) that publishing professional listings as newspaper ads in a section not set aside for lawyers as a legal directory or legal guide, here next to a patent-medicine…
Can a lawyer print marketing slogans, like 'Wills save worry, contracts save rights,' on the back of a professional card?
The Committee held unanimously (7-0) that printing 'Safety thoughts' slogans such as 'Wills save worry' and 'Contracts save rights' on the back of a professional card violated Canons 24 and 39.
Can a lawyer place an ad in the Texas Bar Journal offering other lawyers a statewide specialized appellate briefing and argument service?
The Committee held unanimously (7-0) that a Texas Bar Journal ad addressed to members of the bar offering a statewide specialized service in briefing and arguing civil appeals in state and federal…
Can a lawyer run a Texas Bar Journal ad to other lawyers touting his Spanish fluency and Latin-American experience and offering to handle their clients' matters abroad?
The Committee held unanimously (7-0) that a Texas Bar Journal ad to the bar soliciting Latin-American business, listing the lawyer's qualifications and citing 'the lawyers of Travis County' as…
May a lawyer write signed newspaper articles commenting on appellate decisions and how they affect the public, and may he comment before the decision is final?
The Board concluded he may write such articles, under his own name, if they make no offer to advise and avoid any implication of advertising; but he may not comment on a decision until it is final,…
After examining a title for a prospective purchaser and noting defects, may the lawyer take a fee from the seller to cure those same defects?
The Board concluded he may, but only by the express consent of all concerned given after a full disclosure of the facts, under Rule 8.
May a lawyer accept a standing monthly retainer from businesses that openly lend at usurious rates?
The Board concluded that a business association with an habitual violator of the usury laws is not to be countenanced; it is unbecoming a member of the bar and tends to bring the profession into disrepute.
Must a criminal-defense lawyer withdraw from defending a man accused of embezzling school funds after the lawyer is later appointed attorney for the school board?
The Board concluded he should withdraw. Representing the board generally while defending a person charged with embezzling its funds would create at least the appearance of impropriety.
After leaving office, may a former county attorney represent a divorcing wife against a husband he once prosecuted in a bastardy proceeding involving the same couple?
The Board concluded it depends. If the divorce is wholly dissociated from the bastardy matter he prosecuted, he may accept; if the divorce facts are associated with facts he investigated in office,…
After leaving office, may a former county attorney represent a private client in a civil damage suit arising out of a collision caused by a crime he prosecuted in office?
The Board concluded he may not. The damage suit could not be dissociated from the facts of the collision he had prosecuted, so Rule 38 barred him from accepting the private employment.
Must a lawyer disclose a client's identity to government investigators when the client only sought advice about possibly unlawful conduct?
No. The Board concluded that a lawyer properly refused to disclose to a Customs agent the name of a client who had sought advice about possibly smuggled goods, because nothing showed the client…
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.