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 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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  • Opinion 662

    Canon:
    Opinion #: 662
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: August 2016

    May a Texas lawyer respond publicly to a former client’s adverse comments on the internet? If so, what information may the lawyer disclose?

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  • Opinion 661

    Canon:
    Opinion #: 661
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: July 2016

    Does a lawyer violate the Texas Disciplinary Rules of Professional Conduct by using the name of a competing lawyer or law firm as a keyword in the implementation of an advertising service offered by a major search-engine company?

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  • Opinion 660

    Canon:
    Opinion #: 660
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: July 2016

    Does Professional Ethics Opinion 549 (August 2003), which addressed the calculation of a lawyer’s contingent fee in a workers’ compensation case, apply outside the context of workers’ compensation?

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  • Opinion 659

    Canon:
    Opinion #: 659
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: July 2016

    May a Texas lawyer represent one insured in settling a claim and later represent that client’s insurance company in defending another insured’s claim that arises out of the same incident?

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  • Opinion 658

    Canon:
    Opinion #: 658
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: July 2016

    May a Texas lawyer bill clients for expenses paid to a third party in an amount that is greater than the amount that the third party charged the lawyer? May Texas lawyers charge for the expenses paid to a third-party vendor that is owned by a member of their law firm?

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  • Opinion 657

    Canon:
    Opinion #: 657
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: May 2016

    What documents and information must be delivered by a lawyer to a former client convicted of a criminal offense when requested by that former client? Who bears the costs of delivering the documents and information to the former client? In what form must the documents and information be delivered?

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Displaying results 21-30 (of 686)
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