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.

For proposed opinions open for comment, visit the State Bar of Texas website.

  • Opinion 106

    Canon: 24
    Opinion #: 106
    Cite: 18 Baylor L. Rev. 238 (1966)
    Date: October 1954

    An attorney accepted employment on a contingent basis from the plaintiff in a personal injury action. Thereafter plaintiff notified his attorney that he needed money for living expenses during the pendency of the suit and that, unless the attorney would advance or lend money to him, he would find it necessary to take his case to other attorneys who had expressed willingness to support him during the pendency of the suit. Would it violate the Canons of Ethics for the attorney to advance or lend money to his client under these circumstances?

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  • Opinion 105

    Canon: 34
    Opinion #: 105
    Cite: 18 Baylor L. Rev. 237 (1966)
    Date: October 1954

    The attorney for one of the parties to a divorce suit employed a private investigator to obtain information for his client. Without the knowledge of the attorney, the investigator tapped the telephone wire of the adverse party and recorded conversations overheard by means of the tapped wire. Records of the conversations were delivered to the attorney who had employed the investigator. Federal authorities, investigating alleged violations of federal laws in connection with wire tapping, have asked the attorney to divulge the information which he received from the investigator. The following questions were submitted: 1.   Would the attorney violate any statute by divulging such information? 2.   Would the attorney violate the Canons of Ethics if he divulged such information to federal investigators?

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  • Opinion 104

    Canon: 6
    Opinion #: 104
    Cite: 18 Baylor L. Rev. 237 (1966)
    Date: September 1954

    Attorney A represented plaintiff in a divorce action in which she gained custody of the children and an award for child support, secured by a lien against the family home. Subsequently attorney B was employed by the man who had been defendant in the divorce action to bring a suit to modify some of the provisions of the original decree in respect to child support. Thereafter, A and B became partners. There is now pending a suit by the woman who was plaintiff in the divorce action to foreclose the lien on the homestead; she is represented in this action by a different attorney, who has no connection with A or B. The present suit necessarily involves construction of the divorce decree and of the order modifying the decree. Would it violate the Canons of Ethics for B to represent the ex-husband in the pending litigation?

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  • Opinion 103

    Canon: 24, 39
    Opinion #: 103
    Cite: 18 Baylor L. Rev. 237 (1966)
    Date: September 1954

    Would it violate the Canons of Ethics for an attorney who is a candidate for the office of county judge to use a political campaign card containing the following language:

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  • Opinion 102

    Canon: 24
    Opinion #: 102
    Cite: 18 Baylor L. Rev. 236 (1966)
    Date: April 1954

    Would it violate the Canons of Ethics for a firm of attorneys to advertise open house for the inspection of new offices?

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  • Opinion 101

    Canon: 9
    Opinion #: 101
    Cite: 18 Baylor L. Rev. 236 (1966)
    Date: April 1954

    Would it be a violation of the Canons of Ethics for plaintiff's attorney to write a letter to a person not represented by counsel who had been involved in an automobile collision with plaintiff, offering to settle plaintiff's claim for an amount within the limits of an insurance policy held by the addressee, suggesting that the addressee might escape personal liability by urging the insurance company to settle within policy limits, and suggesting, also, that the addressee consult his own lawyer?

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  • Opinion 100

    Canon: 33
    Opinion #: 100
    Cite: 18 Baylor L. Rev. 236 (1966)
    Date: April 1954

    Would it be a violation of the Canons of Ethics for an attorney to accept employment as an advocate in a child custody case when his partner has previously acted in a judicial capacity in the matter?  

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  • Opinion 99

    Canon: 6, 9
    Opinion #: 99
    Cite: 18 Baylor L. Rev. 235 (1966)
    Date: April 1954

    1.   In subrogation litigation growing out of an automobile collision, would it be a violation of the Canons of Ethics for the counsel for the defendant's liability insurance carrier to advise the defendant that it would be a policy violation resulting in cancellation of his policy if the defendant should request the Safety Responsibility Board to release a suspension that it had placed on the nominal plaintiff's registration tags, when the said Liability carrier DID NOT carry the defendant's collision insurance C the latter being carried by another company which does not wish to sue on subrogation C and when the defendant himself does not wish to file a cross-action but rather wishes to release the suspension? 2.   In the situation described above would it be a violation of the Canons of Ethics for the counsel for the defendant's liability insurance carrier to communicate directly with the nominal plaintiff, who is much disturbed over his suspension, advising him in the presence of the defendant that the defendant's liability insurance carrier would gladly permit the defendant to release the suspension if the nominal plaintiff's collision carrier should be persuaded to drop the suit?  

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  • Opinion 98

    Canon: 24, 39
    Opinion #: 98
    Cite: 18 Baylor L. Rev. 235 (1966)
    Date: April 1954

    Would the Canons of Ethics be violated by the use of a professional card containing the following language: "John Doe Personal Injury and Workmen's Compensation Lawyer 123 Blank Building Main and First Blank 1, Texas By Appointment Only Phone EX-1234"  

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  • Opinion 97

    Canon: 9
    Opinion #: 97
    Cite: 18 Baylor L. Rev. 234 (1966)
    Date: April 1954

    1.   Would it be a violation of the Canon of Ethics for an attorney representing a person injured in an automobile collision to write to the tort- feasor putting such party on notice of the attorneys' employment and offering to make compromise settlement of the claim without litigation for the amount of the tort feasor's liability insurance policy limits, where, at the time the offer is made no suit has been instituted and the tort-feasor is not represented by any counsel on account of the accident? 2.   Would it be a violation of the Canon of Ethics for the attorney to point out in such letter that if such offer of compromise settlement is rejected by the tort-feasor's insurance company, and if such rejection constitutes negligence, it will expose said carrier to a possible suit by the assured to recover for any sums paid by the assured under a judgment for the injured party in excess of the policy limits?  

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Displaying results 581-590 (of 686)
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