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 554

  Canon:
  Opinion #: 554
  Cite: The Professional Ethics Committee
  Date: August 2004

  Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a lawyer currently serving as a state Senator or state Representative to represent clients before a city, county, or state court located in the lawyer's legislative district?

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• Opinion 553

  Canon:
  Opinion #: 553
  Cite: Professional Ethics Committee For The State Bar of Texas
  Date: August 2004

  Is a lawyer prohibited from offering the testimony of an expert witness whose employer has entered into a contingent fee contract with the lawyer's client regarding the subject matter of the litigation?

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• Opinion 552

  Canon:
  Opinion #: 552
  Cite: Professional Ethics Committee For The State Bar of Texas
  Date: August 2004

  Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a lawyer, who has been retained by an insurance company to defend its insured, to (1) furnish to the insurance company's third-party auditor the lawyer's fee statements via electronic mail and (2) pay to the third-party auditor a percentage of the lawyer's fee for auditing such statements?

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• Opinion 551

  Canon:
  Opinion #: 551
  Cite: The Supreme Court of Texas Professional Ethics Committee
  Date: May 2004

  Is it permissible under the Texas Disciplinary Rules of Professional Conduct to require a lawyer who was employed as a lawyer by a city to comply with a provision of the city’s Ethics Code that prohibits all former city employees from representing unrelated persons before the city for compensation for a period of two years after termination of employment with the city?

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• Opinion 550

  Canon:
  Opinion #: 550
  Cite: The Supreme Court of Texas Professional Ethics Committee
  Date: May 2004

  May a lawyer use, in connection with his or her name, the titles “Doctor,” “Dr.,” “Doctor of Jurisprudence,” or “J.D.” in social and professional communications?

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• Opinion 549

  Canon:
  Opinion #: 549
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: August 2003

  May a lawyer representing a workers’ compensation claimant in a third-party action collect a contingent fee from the client based on the gross recovery, part of which is required to be paid to the workers’ compensation carrier?

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• Opinion 548

  Canon:
  Opinion #: 548
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: January 2003

  May a law firm allow a non-profit entity to display the law firm’s name as a sponsor of the entity on the entity’s internet web site?

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• Opinion 547

  Canon:
  Opinion #: 547
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: January 2003

  Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a law firm to enter into an arrangement with a group of medical professionals pursuant to which the group would fund the law firm’s television advertising with the expectation but not the obligation) that the law firm would refer clients to the medical group?

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• Opinion 546

  Canon:
  Opinion #: 546
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: December 2002

  Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a lawyer and an associate employed by the lawyer to enter into an employment agreement providing for the continued representation of, and a division of fees collected from, a contingent fee client following the termination of the associate’s employment?

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• Opinion 545

  Canon:
  Opinion #: 545
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STSTE BAR OF TEXAS
  Date: October 2002

  Is it a violation of the Texas Disciplinary Rules of Professional Conduct for a lawyer to enter into a fee arrangement with a governmental taxing unit to collect its delinquent taxes where, under the arrangement, a portion or all of the statutory penalties designated for legal fees may be kept by the taxing unit rather than paid to the lawyer if certain collection goals are not met?

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