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 612

    Canon:
    Opinion #: 612
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: November 2011

    Under the Texas Disciplinary Rules of Professional Conduct, is it permissible for a lawyer to participate in a local bar association program, established in conjunction with local courts, in which lawyers cease to be subject to regular appointment to represent indigent persons in certain family court matters by paying an annual fee which is used to supplement payments made by the county to court-appointed lawyers who handle such matters?

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  • Opinion 611

    Canon:
    Opinion #: 611
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: September 2011

    Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a lawyer to include in an employment contract an agreement that the amount initially paid by a client with respect to a matter is a “non-refundable retainer” that includes payment for all the lawyer’s services on the matter up to the time of trial?

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  • Opinion 610

    Canon:
    Opinion #: 610
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: August 2011

    Under the Texas Disciplinary Rules of Professional Conduct, is a lawyer permitted to acquire, by agreement with his client, a security interest in the subject matter of litigation that the lawyer is conducting for the client in order to secure payment of the lawyer’s fee with respect to the litigation?

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  • Opinion 609

    Canon:
    Opinion #: 609
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: August 2011

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer who is an employee of an insurance company and who represents persons insured by the company with respect to claims covered by liability insurance policies issued by the company share an office with a non-lawyer insurance adjuster, who is employed by the insurance company to handle on behalf of the company questions regarding coverage in particular cases under company insurance policies?

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  • Opinion 608

    Canon:
    Opinion #: 608
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: August 2011

    Under the Texas Disciplinary Rules of Professional Conduct, is it permissible for a legal services lawyer to represent a client in a child custody matter in the following situations: (1) when another lawyer with the legal services organization previously represented the client’s opponent in an unemployment benefits claim; (2) when another lawyer with the legal services organization currently represents the client’s opponent with respect to an unemployment benefits claim; and (3) when the legal services organization had previously screened but rejected an application by the client’s opponent for representation in the same matter?

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  • Opinion 607

    Canon:
    Opinion #: 607
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: July 2011

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer proposing to move to another law firm reveal to the prospective law firm information relating to the lawyer’s prior work for clients so that the law firm may determine whether the employment of the lawyer will create conflicts of interest for the firm?

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  • Opinion 606

    Canon:
    Opinion #: 606
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: May 2011

    Under the Texas Disciplinary Rules of Professional Conduct is a lawyer permitted to continue to hold in the lawyer’s trust account unearned fees paid by a client and otherwise repayable to the client if continuing to hold the unearned fees is based only on the lawyer’s belief, in the absence of a claim asserted, that the client may have improperly or illegally obtained the funds paid by the client?

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  • Opinion 605

    Canon:
    Opinion #: 605
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: March 2011

    Under the Texas Disciplinary Rules of Professional Conduct, may the remaining lawyers in a law firm continue to use, in the name of their firm, the name of a lawyer who left the firm to practice independently from the firm and who has consented to the law firm’s continuing use of his name in the firm name?

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  • Opinion 604

    Canon:
    Opinion #: 604
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: January 2011

    Under the Texas Disciplinary Rules of Professional Conduct, may a lawyer communicate privately with the members of a board of a state agency about their consideration of a regulation that would require the lawyer’s client to apply for and obtain a permit? If the regulation is adopted, may the lawyer communicate privately with members of the board about the client’s planned permit application? May the lawyer’s client communicate privately with members of the board when the lawyer is prohibited by the Texas Disciplinary Rules of Professional Conduct from doing so?

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  • Opinion 603

    Canon:
    Opinion #: 603
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: November 2010

    Do the Texas Disciplinary Rules of Professional Conduct require or permit a lawyer to reveal to a corporation’s creditors the lawyer’s advice to the corporation that the person who owns and manages the corporation has engaged in conduct that constitutes a breach of the person’s fiduciary duty to the corporation?

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Displaying results 71-80 (of 682)
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