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 534

    Canon:
    Opinion #: 534
    Cite: Tex. Comm. on Professional Ethics, Op. 534, V. 63 Tex. B.J. 8 (2000)
    Date: September 2000

    Does an attorney who represents a non-employee spouse in a divorce proceeding violate the Texas Disciplinary Rules of Professional Conduct (the Rules) if the attorney prepares a materially defective Qualified Domestic Relations Order (QDRO) and does not correct the defects after being informed of the defects by an attorney reviewing the proposed QDRO for the employer concerned? If such conduct by the divorce attorney constitutes a violation of the Rules, is the employer’s attorney who notifies the divorce attorney of the defects in the proposed QDRO required to report such a violation to the appropriate disciplinary authority?

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  • Opinion 533

    Canon:
    Opinion #: 533
    Cite: Tex. Comm. on Professional Ethics, Op. 533, V. 63 Tex. B.J. 8 (2000)
    Date: September 2000

    May a lawyer, who is retained by an insurance company to defend its insured, ethically comply with litigation/billing guidelines which place certain restrictions on how the lawyer should conduct the defense of the insured?

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  • Opinion 532

    Canon:
    Opinion #: 532
    Cite: Tex. Comm. on Professional Ethics, Op. 532, V. 63 Tex. B.J. 8 (2000)
    Date: September 2000

    Without the informed consent of the client, may a lawyer, who is retained by an insurance company to defend its insured, be required by the insurance company to submit fee statements to a third-party auditor describing legal services rendered by the lawyer on behalf of the client?

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  • Opinion 531

    Canon:
    Opinion #: 531
    Cite: Tex. Comm. on Professional Ethics, Op. 531, V. 62 Tex. B.J. 1123 (1999)
    Date: December 1999

    May a corporation charge wholly-owned or partially-owned subsidiaries “market-based” fees for legal services rendered by the corporate legal staff? If not, may a corporation initially charge its subsidiaries “market-based” fees for legal services if the amounts of fees in excess of “costs” to the corporation are annually rebated to the subsidiaries?

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  • Opinion 530

    Canon:
    Opinion #: 530
    Cite: Tex. Comm. on Professional Ethics, Op. 530, V. 62 Tex. B.J. 904 (1999)
    Date: October 1999

    Is it a conflict of interest for an Attorney (“Attorney”) who is an elected county commissioner of Dallas County to practice law in the justice, statutory county, and district courts in Dallas County? If Attorney has a conflict of interest is it imputed to all members of his or her law firm?

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  • Opinion 529

    Canon:
    Opinion #: 529
    Cite: Tex. Comm. on Professional Ethics. Op. 529, V. 62 Tex. B.J. 4 (1999)
    Date: April 1999

    May a lawyer practice law under a trade name that includes words in addition to the names of one or more lawyers who practice with (or previously practiced with) the firm? For example, may a lawyer practice under firm names such as “The Legal Clinic of John Doe,” “Jane Doe Trial Lawyers,” “Discount Legal Services of Jones and Doe” and “Doe and Jones Lawmart? ”

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  • Opinion 528

    Canon:
    Opinion #: 528
    Cite: Tex. Comm. on Professional Ethics. Op. 528, V. 62 Tex. B.J. 4 (1999)
    Date: April 1999

    1. Is it a violation of the Texas Disciplinary Rules of Professional Conduct for a law firm to represent a client against a defendant corporation in a lawsuit where an attorney in the law firm is related by marriage to an employee of the defendant? 2. Is the employee’s status or position in the defendant’s organization relevant? 3. If the foregoing results in a conflict of interest, can the conflict be remedied by informed consent?

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  • Opinion 527

    Canon:
    Opinion #: 527
    Cite: Tex. Comm. on Professional Ethics. Op. 527, V. 62 Tex. B.J. 4 (1999)
    Date: April 1999

    May a law firm composed of former members of another law firm that represented and now represents one party to litigation represent an opposing party in that litigation?

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  • Opinion 526

    Canon:
    Opinion #: 526
    Cite: Tex. Comm. on Professional Ethics. Op. 526, V. 61 Tex. B.J. 463 (1998)
    Date: May 1998

    May a law firm, which has received court-awarded attorneys’ fees for representing several members of a plaintiff class in a successful attempt to modify the terms of a class-action settlement agreement, distribute to the represented members of the class a portion of the fee awarded?

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  • Opinion 525

    Canon:
    Opinion #: 525
    Cite: Tex. Comm. on Professional Ethics, Op. 525, V. 61 Tex. B.J. 460 (1998)
    Date: May 1998

    May an attorney who prepares loan documents for a real estate purchaser at the request of the attorney' s lender-client prepare a deed to be used in the transaction if he is not requested to do so by the seller and without submitting a dual representation disclosure?

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Displaying results 151-160 (of 684)
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