Opinions

All opinions of the Committee on Professional Ethics are available online here.  To locate a specific opinion or opinions, enter the opinion number or keyword in the appropriate search box below. Licensed attorneys may also call 877-953-5535 for access to opinions

The Committee on Professional Ethics issues opinions pursuant to Tex. Gov’t. Code §81.091- 81.095.  §81.091(a) states that “[t]he committee shall, either on its own initiative or when requested to do so by a member of the state bar, express its opinion on the propriety of professional conduct other than on a question pending before a court of this state.”   The nine members of the Committee are appointed by the Supreme Court of Texas.

For proposed opinions open for comment, visit the State Bar of Texas website.

  • Opinion 689

    Canon:
    Opinion #: 689
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: September 2020

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer use a nonlawyer employee to attract prospective clients to a booth in a public place operated by that nonlawyer employee?

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  • Opinion 688

    Canon:
    Opinion #: 688
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: May 2020

    1. When a lawyer retained under a contingent fee agreement withdraws from the representation due to a nonconsentable conflict of interest discovered shortly after he filed plaintiff’s lawsuit, is it a violation of the Texas Disciplinary Rules of Professional Conduct for the withdrawing lawyer to refer his client to a lawyer in another law firm and arrange for a division of fees between the withdrawing lawyer and the lawyer to whom the matter is referred? 2. Is it a violation of the Rules for the withdrawing lawyer to reach an agreement with his former client that provides for the withdrawing lawyer to be reimbursed for costs and compensated

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  • Opinion 687

    Canon:
    Opinion #: 687
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: April 2020

    1. Under the Texas Disciplinary Rules of Professional Conduct, must a staff lawyer employed by an insurance company to defend its insureds comply with the company’s guidelines regarding the defense of such cases? 2. What are a lawyer’s obligations if an insurance company cuts a staff lawyer’s support staff?

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  • Opinion 686

    Canon:
    Opinion #: 686
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: January 2020

    May a Texas lawyer practice law as an associate or other non-partner firm lawyer—and the only lawyer in the Texas office—of a law firm whose partners are only licensed to practice law outside of Texas?

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  • Opinion 685

    Canon:
    Opinion #: 685
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: January 2020

    Under the Texas Disciplinary Rules of Professional Conduct, may lawyers encourage current and former clients to post positive reviews or comments and favorable “star” ratings of the lawyer through a search engine’s or social media platform’s review feature?

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  • Opinion 684

    Canon:
    Opinion #: 684
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: August 2019

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer, who is departing a law firm, take the firm’s only copy of client files in which the lawyer personally represented the clients and delete client files, documents, or data from the firm’s electronic document repository and devices without approval of the law firm?

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  • Opinion 683

    Canon:
    Opinion #: 683
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: March 2019

    Does a lawyer violate the Texas Disciplinary Rules of Professional Conduct by making statements to the news media about a case pending on appeal when the lawyer criticizes the opponent’s litigation tactics and reiterates the misconduct alleged in the underlying complaint? 

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  • Opinion 682

    Canon:
    Opinion #: 682
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: October 2018

    Under the Texas Disciplinary Rules of Professional Conduct, may Texas lawyers in the same law firm represent a client in a lawsuit involving a dispute in which one of the lawyers is likely to be a fact witness?

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  • Opinion 681

    Canon:
    Opinion #: 681
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: September 2018

        Under the Texas Disciplinary Rules of Professional Conduct, when does a third party have an interest in client funds sufficient to trigger a lawyer’s duty to disburse or safeguard those funds for the third party’s benefit? Does termination of the attorney-client relationship affect a lawyer’s duty to safeguard or disburse client funds in which a third party claims an interest?  

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  • Opinion 680

    Canon:
    Opinion #: 680
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: September 2018

    Under the Texas Disciplinary Rules of Professional Conduct may a lawyer use cloud-based client data storage systems or use cloud-based software systems for the creation of client-specific documents where confidential client information is stored or submitted to a cloud-based system?

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Displaying results 1-10 (of 689)
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