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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.

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  • Opinion 1

    Canon: 6, 31
    Opinion #: 1
    Cite: 18 Baylor L. Rev. 195 (1966)
    Date: December 1946

    A member of the State Bar of Texas, who is also a district clerk, inquires whether he can "represent a few clients in minor legal matters such as probate work, drafting a will, deeds, etc., and in the event a friend wishes me to represent him or her in such matters as divorce proceedings. I would like to take the case and call upon some friendly attorney to assist me in prosecution of such causes. I am sure I would not wish to practice law on the District Courts of this county if I could but in some cases I would like to go ahead and call upon some friendly attorney to assist me. I would not wish to do active trial practice."

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  • Opinion 2

    Canon: 24, 39, 41, 42
    Opinion #: 2
    Cite: 18 Baylor L. Rev. 195 (1966)
    Date: December 1946

    Whether the following ad in the Texas Bar Journal violates one or more of the Canons of Ethics, to wit: "TO MEMBERS OF THE BAR RE: LATIN-AMERICAN BUSINESS Do you need a Spanish-speaking lawyer to travel to any Latin-American country for you or your client on a per case or per diem basis? Qualifications: 1. I have practiced law in Austin for 8 years; 2. Have spent 18 years in Latin-American countries; 3. Was Special Assistant to the U.S. Ambassador in Chile from 1942 to 1945; 4. Speak, write and read Spanish and English equally well; and 5. Am familiar with the legal systems of Latin-American countries, their governments and their people. References: The lawyers of Travis County."

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  • Opinion 3

    Canon: 24, 39
    Opinion #: 3
    Cite: 18 Baylor L. Rev. 196 (1966)
    Date: April 1947

    Whether the following words on the back of the card of Texas lawyer violates one or more of the Texas Canons of Ethics, to-wit: "SAFETY THOUGHTS" "Wills save worry. Contracts save rights. Abstracts show records only. Lawyers show the title. Titles save trouble. A lawyer in each deal Saves rights and weal."

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  • Opinion 4

    Canon: 24, 39
    Opinion #: 4
    Cite: 18 Baylor L. Rev. 196 (1966)
    Date: April 1947

    Whether the following newspaper ads fall within the inhibition of one or more of the Texas Canons of Ethics, to-wit: "Divorce, Family Matters. 1101 Main St .         C-7035 (NAME OF LAWYER) Real Estate Matters. Security Title Co." "Name Of Lawyer Attorney At Law R-6-51711 Construction Bldg." "Name Of Lawyer Attorney At Law 710 Texas Bank Building     C-3336" None of the foregoing ads appeared in a section or column set aside for lawyers, and listed as a legal directory or legal guide, but were next to a patent medicine ad and an ad of a watchmaker and jeweler.

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  • Opinion 5

    Canon: 24,39,41,42
    Opinion #: 5
    Cite: 18 Baylor L. Rev. 196 (1966)
    Date: April 1947

    Whether a newspaper announcement to the effect that an attorney theretofore serving in the Attorney General's office, or with some other department of the state, is now engaged in the private practice of law specializing in enumerated matters handled while with the state is improper.

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  • Opinion 6

    Canon: 24, 39
    Opinion #: 6
    Cite: 18 Baylor L. Rev. 196 (1966)
    Date: April 1947

    Is it proper for attorneys to be listed in the classified section of telephone directories?

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  • Opinion 7

    Canon: 24, 39
    Opinion #: 7
    Cite: 18 Baylor L. Rev. 197 (1966)
    Date: April 1947

    The propriety of listing of attorneys in a regular column in a newspaper headed "Legal Directory."

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  • Opinion 8

    Canon: 24, 39
    Opinion #: 8
    Cite: 18 Baylor L. Rev. 197 (1966)
    Date: May 1947

    Whether the following contemplated ad in the Texas Bar Journal would violate one or more of the Texas Canons of Ethics, to-wit:     "(Name of Attorney) Licensed to practice before Treasury Department and U.S. Tax Court Equipped to aid brother attorneys in tax matters by mail. (Address of Attorney)"    

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  • Opinion 9

    Canon: 26, 34, 38. A.B.A. Canons 29, 34, 41.
    Opinion #: 9
    Cite: 18 Baylor L. Rev. 197 (1966)
    Date: June 1947

    The Secretary of the State Bar of California desires an opinion upon the following facts: "A witness in Texas, who is an attorney, and whose deposition we desire to take, was employed by an attorney in California to secure a Mexican divorce for him. The Texas attorney took him to Juarez, where he registered as a resident and designated an attorney licensed there to represent him. Two days thereafter, and before the divorce action was filed in Juarez, the California attorney was married to another person. Subsequently a disciplinary proceeding was instituted against the California attorney in which proceeding he testified regarding said purported divorce action and his remarriage and as to the advice given to him by the Texas attorney to the effect that he was at liberty to remarry the day following his registration as a resident of Juarez. We have reason to believe that these facts are not true and that such advice was not given by the Texas attorney. The testimony of this witness as to the advice actually given is very material to our disciplinary proceeding to refute the testimony of the respondent as to his state of mind at the time he remarried and to show that he has falsely testified in these proceedings. A partial transcript of our disciplinary proceeding, containing the testimony of the respondent regarding this phase of the matter, was furnished to the Texas attorney together with points and authorities which we believe sustain our position that any privilege that might have been claimed by the respondent in our proceedings, or by the Texas attorney, has been waived. However, in view of the fact that the counsel for said respondent has advised the Texas attorney that he refuses to release him and permit him to testify, the Texas attorney has refused to voluntarily permit his deposition to be taken. If your association has a Committee on Legal Ethics, will you please submit this matter to them for an opinion as to whether or not under the facts as stated it would be improper for the Texas attorney to voluntarily testify as to the facts within his knowledge or of record regarding said divorce action, his representation of the respondent and the advice given by him."

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  • Opinion 10

    Canon: 42
    Opinion #: 10
    Cite: 18 Baylor L. Rev. 198 (1966)
    Date: December 1947

    Whether the following proposed ad in the Texas Bar Journal violates one or more of the Canons of Ethics, to-wit: "TO MEMBERS OF THE BAR ONLY I offer a statewide specialized service in briefing and arguing civil cases on appeal in state and federal courts. Work sole or in collaboration. NAME AND ADDRESS OF ATTORNEY"

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Displaying results 1-10 (of 643)
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