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
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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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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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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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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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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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Canon:
Opinion #: 679
Cite: The Professional Ethics Committee for the State Bar of Texas
Date: September 2018
May a lawyer renegotiate his fixed, flat fee for representing a client in litigation after the litigation is underway if the matter turns out to be greater in scope and complexity than the lawyer and client contemplated?
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Canon:
Opinion #: 678
Cite: The Professional Ethics Committee for the State Bar of Texas
Date: September 2018
Under the Texas Disciplinary Rules of Professional Conduct, may a Texas lawyer agree to serve concurrently as the executor of an estate and as legal counsel for the executor? If not, may another lawyer in his law firm serve as legal counsel for the executor?
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Canon:
Opinion #: 677
Cite: The Professional Ethics Committee for the State Bar of Texas
Date: September 2018
May the law partner of a part-time municipal court judge represent defendants in criminal cases pending before other judges in that municipal court?
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Canon:
Opinion #: 676
Cite: The Professional Ethics Committee for the State Bar of Texas
Date: August 2018
Do the Texas Disciplinary Rules of Professional Conduct prohibit a lawyer from retaining an expert or intentionally disclosing confidential information to a prospective expert when the lawyer has no substantial purpose other than to attempt to disqualify or otherwise prevent the expert from being used by an opposing party including testifying on the opposing party’s behalf?
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Canon:
Opinion #: 675
Cite: The Professional Ethics Committee for the State Bar of Texas
Date: August 2018
May a Texas lawyer, acting as a mediator, prepare and provide the parties to the mediation a proposed written agreement that memorializes the terms of the parties’ agreement reached during the mediation?
If so, may the lawyer-mediator propose terms for inclusion in the written agreement in addition to the specific terms agreed to by the parties during the mediation?
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