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 544

  Canon:
  Opinion #: 544
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: April 2002

  May a lawyer who serves as a member of a city council participate in discussions and vote as a member of the city council on a matter involving a client of the lawyer’s former law firm where the lawyer had performed no work on the matter for such client and had received no confidential information relating to such client while the lawyer was employed by the former law firm?

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• Opinion 543

  Canon:
  Opinion #: 543
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: April 2002

  Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer enter into an agreement as described below with a healthcare provider, for which the lawyer is its in-house counsel, to refer patients with personal injury claims to that lawyer?

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• Opinion 542

  Canon:
  Opinion #: 542
  Cite: The Supreme Court of Texas Professional Ethics Committee
  Date: February 2002

  May a lawyer enter into a fee arrangement with a liability insurer under which the lawyer will be paid fixed fees for the defense of the insured?

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• Opinion 541

  Canon:
  Opinion #: 541
  Cite: The Supreme Court of Texas Professional Ethics Committee
  Date: February 2002

  May a municipal court judge represent a person accused of a crime where (1) the judge/lawyer has not acted in the matter in his position as judge, and (2) where the police in that city are or may be potential witnesses in the trial of that case?

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• Opinion 540

  Canon:
  Opinion #: 540
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: February 2002

  Is it a violation of the Texas Disciplinary Rules of Professional Conduct for a lawyer who is a county judge to represent private clients in the justice of the peace, statutory county courts, and district courts of the county in which he serves as county judge?

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• Opinion 539

  Canon:
  Opinion #: 539
  Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
  Date: April 2002

  In what circumstances may a lawyer represent defendants in criminal cases in the county in which the lawyer's spouse is an assistant district attorney?

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• Opinion 538

  Canon:
  Opinion #: 538
  Cite: Tex. Comm. on Professional Ethics, Op. 538, V. 64 Tex. B.J. 8 (2001)
  Date: June 2001

  Is a lawyer, who is the newly elected district attorney, prohibited from prosecuting a motion seeking to revoke the probation of a former client in a case where the lawyer served as defense counsel for the former client in the original proceeding? Is a lawyer, who is the newly elected district attorney, prohibited from prosecuting a former client in a new criminal proceeding?       If not so prohibited, is the lawyer, as the newly elected district attorney, prohibited from offering in evidence a prior conviction in which the lawyer was defense counsel in the prior proceeding for purposes of: 1.        impeachment of the former client under TEX. R. EVID. 609, or 2.        showing character of the former client under TEX. R. EVID. 404(b) or, 3.        punishment evidence under TEX. CODE CRIM. PROC. Art. 37.07 § 3(a)?

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• Opinion 537

  Canon:
  Opinion #: 537
  Cite: Tex. Comm. on Professional Ethics, Op. 537, V. 64 Tex. B.J. 7 (2001)
  Date: May 2001

  Under what circumstances may the general counsel of a trade association recommend a lawyer to members of the association to represent them in a joint action against a common supplier, inform other members of their common complaint, and recommend their participation in such joint action?

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• Opinion 536

  Canon:
  Opinion #: 536
  Cite: Tex. Comm. on Professional Ethics, Op. 536, V. 64 Tex. B.J. 7 (2001)
  Date: May 2001

  May a lawyer receive referral or solicitation fees from an investment adviser for referring a client to the investment adviser?

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• Opinion 535

  Canon:
  Opinion #: 535
  Cite: Tex. Comm. on Professional Ethics, Op. 535, V. 64 Tex. B.J. 1 (2001)
  Date: September 2000

  Under the Texas Disciplinary Rules of Professional Conduct (the “Rules”) may a lawyer volunteer to participate in a court-sponsored “attorney of the day” program for criminal defendants as described below?

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