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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.

  • Opinion 503

    Canon: (92 7)
    Opinion #: 503
    Cite: Tex. Comm. on Professional Ethics, Op. 503, V. 58 Tex. B.J. 632 (1995)
    Date: June 1994

    Whether the Texas affiliate of a national non-profit public interest law organization can require cooperating attorneys to share a portion or all of their fees collected in civil rights cases with the Texas affiliate?

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  • Opinion 502

    Canon: [PEC No. 92 6]
    Opinion #: 502
    Cite: Tex. Comm. on Professional Ethics, Op. 502, V. 58 Tex. B.J. 631 (1995)
    Date: April 1994

    Is it a violation of The Texas Disciplinary Rules of Professional Conduct for a panel attorney to remit a part of her legal fees to a lawyer referral service operated in compliance with Art. 320(d) Vernon's Ann.Rev.Civ.Stat. (Supp.1944) by a not-for-profit legal aid organization that is funded by public and private contribution?

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  • Opinion 501

    Canon: [PEC Matter No. 92 4]
    Opinion #: 501
    Cite: Tex. Comm. on Professional Ethics, Op. 501, V. 58 Tex. B.J. 492 (1995)
    Date: April 1994

    Do the Texas Disciplinary Rules of Professional Conduct prohibit a lawyer from representing a husband in a divorce action under circumstances where the wife previously consulted with the lawyer's former law partner concerning a divorce but did not actually hire the former partner?

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  • Opinion 500

    Canon:
    Opinion #: 500
    Cite: Tex. Comm. on Professional Ethics, Op. 500, V. 58 Tex. B.J. 380 (1995)
    Date: August 1994

    1.   May a lawyer ethically represent both a passenger and a driver in a personal injury case arising from an automobile collision with another vehicle? 2.   Is the answer to the preceding questions any different depending upon whether or not the lawyer (a) reasonably believes that, or (b) does not know if, the driver of the other vehicle will allege that the driver of the first vehicle was negligent and proximately caused the collision? 3.   May a lawyer ethically represent two persons who are injured in a single accident caused by a third person, if it becomes clear that the third person has a limited amount of funds to pay a possible judgment or settlement (e.g., insurance policy limits substantially less than the likely verdict range)? 4.   If representation is proper in any of the foregoing instances, what notices and disclosures should be provided to the client?

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  • Opinion 499

    Canon:
    Opinion #: 499
    Cite: Tex. Comm. on Professional Ethics, Op. 499, V. 58 Tex. B.J. 178 (1995)
    Date: February 1994

    Is it a violation of the Code of Professional Responsibility for an in-house lawyer for a government agency to knowingly misrepresent to an opposing attorney and an administrative law judge that a factual basis for jurisdiction of an administrative proceeding initiated by the agency does exist?

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  • Opinion 498

    Canon:
    Opinion #: 498
    Cite: Tex. Comm. on Professional Ethics, Op. 498, V. 58 Tex. B.J. 38 (1995)
    Date: March 1994

    1.   May an attorney, who is employed on a straight salary basis by a corporation that is not owned solely by licensed attorneys, prepare estate planning documents for customers of the corporation? 2.   May an attorney rely on non-attorneys to collect information used to prepare legal documents?

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  • Opinion 497

    Canon:
    Opinion #: 497
    Cite: Tex. Comm. on Professional Ethics, Op. 497, V. 57 Tex. B.J. 1136 (1994)
    Date: August 1994

    1.   May Attorney X, while serving as a city commissioner on the city commission of a home-rule Texas city, represent persons charged with criminal offenses in the county and district courts where the city police department participates in the investigation and/or arrest of the defendant? May Attorney Y, his law partner, represent such persons? 2.   May Attorney X represent persons charged with criminal offenses in the county and district courts where members of the city police department are victims (i.e., assault on a peace officer)? May Attorney Y represent such persons? 3.   May Attorney X represent persons charged with criminal offenses in the county and district courts where the arrest and/or search warrant in the case is issued by the city judge? May Attorney Y represent such persons?

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  • Opinion 496

    Canon:
    Opinion #: 496
    Cite: Tex. Comm. on Professional Ethics, Op. 496, V. 57 Tex. B.J. 1135 (1994)
    Date: August 1994

    Plaintiffs sued Defendant. During the course of the lengthy litigation the trial judge ordered mediation pursuant to the alternative dispute resolution statute, contained in Tex.Civ.Prac. & Rem.Code ss 154.001, et seq. (hereinafter the "ADR Statute"). The parties mutually selected the mediator and compensated the mediator for his services over two days of mediation. Both parties divulged confidential information to the mediator regarding their respective positions to facilitate settlement. The mediation was successful and the case settled. At the termination of the mediation, the mediator was no longer involved in the dispute. Subsequent to the mediation, a third party, which was not a party to the original lawsuit, hired the mediator's law firm to advise it regarding an action against Defendant. The mediator would not be personally involved in any matter in the subsequent representation. The facts and issues involved in the representation of the third party in the second action by the mediator's law firm are similar to those involved in the settled lawsuit. The mediator maintains the confidentiality of communications received by him during the course of the mediation relating to the subject matter of the litigation and does not share the information with other lawyers in his firm. 1.   During the pendency of the mediation, may the mediator or his firm ethically accept a representation on behalf of or adverse to a party to the mediation in a matter related or unrelated to the mediation? 2.   After the conclusion of the mediation through settlement or declaration of impasse by the mediator, may the mediator or his firm ethically accept a representation on behalf of or adverse to a party to the mediation in a matter unrelated to the mediation? 3.   After the conclusion of the mediation process through settlement or declaration of impasse, may the mediator or his firm ethically accept representation on behalf of or adverse to a party to the mediation in a matter related to the mediation? 4.   May any potential conflicts of interest deriving from the mediator's services be waived by the parties in advance of the mediation?    

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  • Opinion 495

    Canon:
    Opinion #: 495
    Cite: Tex. Comm. on Professional Ethics, Op. 495, V. 57 Tex. B.J. 1028 (1994)
    Date: March 1994

    To what extent is it permissible for a law firm to provide the following information to a collection agency: (1) Name, address, telephone No. of the client; (2) The amount the law firm contends the client owes; (3) Copies of actual billings that are outstanding; (4) Copies of the fee agreement and previous correspondence with the client concerning billings; and (5) A copy of the entire file to which the account receivable relates.

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  • Opinion 494

    Canon:
    Opinion #: 494
    Cite: Tex. Comm. on Professional Ethics, Op. 494, V. 57 Tex. B.J. 786 (1994)
    Date: February 1994

    Is an attorney disqualified from representing a client in a situation where the husband had a brief consultation with the attorney in 1986, and the wife consulted the attorney in a subsequent divorce action in 1992?

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Displaying results 181-190 (of 683)
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