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 682

    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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  • Opinion 681

    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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  • Opinion 680

    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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  • Opinion 679

    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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  • Opinion 678

    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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  • Opinion 677

    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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  • Opinion 676

    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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  • Opinion 675

    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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  • Opinion 674

    Canon:
    Opinion #: 674
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: August 2018

    Does a 501(c)(3) public charity nonprofit law firm violate the Texas Disciplinary Rules of Professional Conduct by directly soliciting pro se Texans for the purpose of providing civil legal services at below-market flat-rate fees?

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  • Opinion 673

    Canon:
    Opinion #: 673
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: August 2018

    1. Does a lawyer violate the Texas Disciplinary Rules of Professional Conduct by seeking advice for the benefit of the lawyer’s client from other lawyers in an online discussion group? 2. Does a lawyer violate the Texas Disciplinary Rules of Professional Conduct by seeking advice for the benefit of the lawyer’s client through informal, direct consultation with another lawyer in a different firm?

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Displaying results 1-10 (of 682)
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