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 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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  • Opinion 96

    Canon: 39
    Opinion #: 96
    Cite: 18 Baylor L. Rev. 234 (1966)
    Date: April 1954

    Would the following advertisement, if inserted in a newspaper, constitute a violation of the Canons of Ethics: "Professional Service Lawyer, Divorce and Civil Law Services 222 Blank Building        AB-1234."  

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  • Opinion 95

    Canon: 24, 25
    Opinion #: 95
    Cite: 18 Baylor L. Rev. 234 (1966)
    Date: February 1954

    NOTE: The Committee no longer issues opinions concerning the activities of Bar Associations, but limits its decisions to the acts of individual lawyers. Inquiries about the propriety of particular association activities should be addressed to the State Bar Board of Directors. Would it violate the Canons of Ethics for a County Bar Association to publish in a newspaper the following advertisement: A CALL YOUR LAWYER. When you have been injured while at work or have had an accident causing personal injuries, the first person to contact is your doctor. The next person you need to call is your LAWYER. Sign no statement until your attorney examines it. Hundreds of thousands of dollars are lost each year because people representing the other side of a lawsuit get to them first. Let your attorney approve your settlement. Any lawyer will advise you concerning your claim arising out of your accident without charge?                                                                                                                     County Bar Association. @ ?  

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  • Opinion 94

    Canon: 6
    Opinion #: 94
    Cite: 18 Baylor L. Rev. 233 (1966)
    Date: February 1954

    The prosecutrix in a statutory rape case sought to employ a member of the Bar as special prosecutor. The prosecutrix related to the attorney her version of the facts of the case, and the attorney set a fee for his services as special prosecutor. The father of prosecutrix advised the attorney he was unable to pay this fee, and no further conversation was had between them. Subsequently, the defendant in the ease offered to employ this attorney as defense counsel. Would it violate the Canons of Ethics for the attorney to accept employment as defense counsel under these circumstances?  

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  • Opinion 93

    Canon: 24
    Opinion #: 93
    Cite: 18 Baylor L. Rev. 233 (1966)
    Date: February 1954

    Would the following advertisement, inserted in the classified section of a newspaper, violate the Canons of Ethics: "Inventors C Protect your invention by applying for patent. John Doe, Registered Patent Attorney, 100 Blank Building, EX 1234."?  

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  • Opinion 92

    Canon: 24
    Opinion #: 92
    Cite: 18 Baylor L. Rev. 233 (1966)
    Date: November 1953

    1.   Would it be a violation of the Canons of Ethics for an attorney to participate in the organization of a collection agency? 2.   Would it be a violation of the Canons of Ethics for an attorney to call on a prospective client, present his card and advise that he is engaged in and giving special attention to collections?  

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  • Opinion 91

    Canon: 24
    Opinion #: 91
    Cite: 18 Baylor L. Rev. 232 (1966)
    Date: November 1953

    Would it be a violation of the Canons of Ethics for an attorney to engage in a business not connected with the practice of law to advertise that business?  

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  • Opinion 90

    Canon: 24, 37
    Opinion #: 90
    Cite: 18 Baylor L. Rev. 232 (1966)
    Date: November 1953

    Would it be a violation of the Canons of Ethics for an attorney to write articles of a legal nature for a trade publication?  

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