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.

  • Opinion 672

    Canon:
    Opinion #: 672
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: March 2018

    Does a written communication from a lawyer to employees in a particular position constitute direct mail solicitation if the communication does not directly offer to represent the recipients of the communication, but suggests to the recipients that they have claims because they are similarly situated to the plaintiffs in the lawsuit?

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  • Opinion 671

    Canon:
    Opinion #: 671
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: March 2018

    May a lawyer, individually or through an agent, anonymously contact an alleged anonymous online defamer in order to obtain jurisdictional information sufficient for obtaining a deposition pursuant to Rule 202 of the Texas Rules of Civil Procedure?

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  • Opinion 670

    Canon:
    Opinion #: 670
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: March 2018

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer copy and retain client documents when departing a law firm?

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  • Opinion 669

    Canon:
    Opinion #: 669
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: March 2018

        Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer retained by an insurance company notify the insurance company that the insured client he was assigned to represent is not cooperating in the defense of the client’s lawsuit?

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  • Opinion 668

    Canon:
    Opinion #: 668
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: November 2017

    May a staff attorney employed by an insurance company continue to represent a defendant in a lawsuit brought by a plaintiff when both the plaintiff and the defendant are insured by the insurance company and when, during the course of the representation, the staff attorney learns the insurance company took a recorded statement from the plaintiff without advising the plaintiff that the statement might be used against her in a legal proceeding?

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  • Opinion 667

    Canon:
    Opinion #: 667
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: December 2016

    May the prosecuting attorney or another attorney in the prosecuting attorney’s office represent the government in a criminal case against a defendant in which the prosecuting attorney’s spouse acts as the defendant’s bail bondsman?

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  • Opinion 666

    Canon:
    Opinion #: 666
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: December 2016

    Does a conflict of interest exist where attorneys, who are married to each other, either represent, or are members of firms who represent, opposing parties to the same civil matter?  If so, can the conflict be cured? 

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  • Opinion 665

    Canon:
    Opinion #: 665
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: December 2016

    What are a Texas lawyer’s obligations under the Texas Disciplinary Rules of Professional Conduct to prevent the inadvertent transmission of metadata containing a client’s confidential information? What are a Texas lawyer’s obligations under the Texas Disciplinary Rules of Professional Conduct when the lawyer receives from another lawyer a document that contains metadata that the receiving lawyer believes contains and inadvertently discloses confidential information of the other lawyer’s client? For example, is the receiving lawyer permitted to search for, extract, and use the confidential information, and is the receiving lawyer required to notify the other lawyer of the receipt of the confidential information?

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  • Opinion 664

    Canon:
    Opinion #: 664
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: October 2016

    Do lawyers violate the Texas Disciplinary Rules of Professional Conduct if they fail to notify an opposing party or its counsel that they are in possession of confidential information taken from the opposing party without the opposing party’s knowledge or consent? Do lawyers violate the Texas Disciplinary Rules of Professional Conduct if they fail to notify an opposing party or its counsel that they have inadvertently received confidential information of the opposing party?

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  • Opinion 663

    Canon:
    Opinion #: 663
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: September 2016

    Under the Texas Disciplinary Rules of Professional Conduct, may Texas lawyers in a law firm that is a member of an organization that includes other law firms use the name of that organization as the law firm’s name on pleadings or other public communications if all names contained in the organization’s name are not names of current or former members of the firm or a predecessor firm?

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Displaying results 11-20 (of 682)
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