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 74

    Canon: 6
    Opinion #: 74
    Cite: 18 Baylor L. Rev. 228 (1966)
    Date: June 1953

    Shortly after Opinion No. 66 was released by this committee, which opinion was, in substance, that it would be a violation of Canon 6 for an attorney who represents an estate to file a claim on behalf of a third person against the estate and to request an attorney's fee from said estate for the collection of said claim, the following state of facts was submitted for a ruling: A man dies, leaving debts, largely those of last illness and burial. His heirs decline to take out an administration. Various creditors of the estate employ an attorney to take out an administration, and to undertake to collect their claims. Such attorney takes out an administration, and one of the creditors is appointed as administrator. The principal asset of the estate consisted of an insurance policy, which the attorney was required to reduce to cash in a contest with a third party who was not an heir or creditor of the estate. Based upon the foregoing state of facts, would it be a violation of the Canons of Ethics for such attorney to receive fees from these various creditors for the collection of their claims, and also to receive a fee from the estate for his services in reducing the insurance policy to cash as an asset of the estate against the claim of the third party who was not an heir or a creditor of the estate?  

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  • Opinion 73

    Canon: 24, 42
    Opinion #: 73
    Cite: 18 Baylor L. Rev. 227 (1966)
    Date: May 1953

    Is it a violation of the Canons of Ethics for an attorney to send a double post card to a life insurance company soliciting business in the preparation of annual statements and income tax returns for insurance companies at stated fees of $50.00 and $15.00, respectively? The reply card provided places to check the work desired as to annual statements and income tax returns, and also stated: "Prepare other work as follows Organize New Company C Change Name C Change Premium Plan C Revise Policy, etc."  

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  • Opinion 72

    Canon: 24
    Opinion #: 72
    Cite: 18 Baylor L. Rev. 227 (1966)
    Date: April 1953

    Is it a violation of the Canons of Ethics for a lawyer to use a card in the following form: (Name of Attorney) Counselor and Attorney at Law Wills - Estates - Personal Injury Insurance and Divorce (Street Address) (Name of town) The inquiry submitted asked if the form of the card itself exceeded the language of Canon 39 which permits the listing of "special branches of the profession practiced."  

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  • Opinion 71

    Canon: 6
    Opinion #: 71
    Cite: 18 Baylor L. Rev. 226 (1966)
    Date: April 1953

    1.   Is it a violation of the Texas Canons of Ethics for a lawyer to draw a will for a client, in which will such lawyer is named as the executor and also as the attorney for the estate? 2.   Is it a violation of any of the Texas Canons of Ethics for a lawyer to draw such will if, in addition to the facts stated in (1) hereof, said lawyer is also named as a beneficiary under the terms of the will?  

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  • Opinion 70

    Canon: 24
    Opinion #: 70
    Cite: 18 Baylor L. Rev. 226 (1966)
    Date: March 1953

    1.   Is it a violation of the Canons of Ethics, when rendering a statement for services, to enclose in the same envelope a mimeographed copy, or a printed copy furnished by the magazine, of an article which the lawyer thinks should be brought to his client's attention, provided nothing is added to the copy, such as the lawyers name and address? 2.   Is it a violation of the Canons of Ethics for the lawyer to mail his client such an article, without a letter or other enclosure, in the envelope which the lawyer uses in his regular course of business?  

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  • Opinion 69

    Canon: 6
    Opinion #: 69
    Cite: 18 Baylor L. Rev. 226 (1966)
    Date: March 1953

    An attorney was appointed by the Court to act as Attorney Ad Litum for certain nonresident defendants who had been cited by publication in a Trespass to Try Title. Plaintiff was claiming title by limitation, all papers which could be checked appeared regular on their face, and upon a hearing judgment was entered for plaintiff and the attorney was awarded a nominal fee. Following the entry of such judgment, several of such nonresident defendants learned of the suit, contacted the attorney who had acted as Attorney Ad Litem, and furnished him with evidence which would be a defense to said claim of limitation title. Based upon the foregoing state of facts, would it be a violation of any of the Canons of Ethics for such attorney to accept employment from said nonresident defendants, and to take such action as may be necessary to have the case reviewed and the judgment set aside?  

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  • Opinion 68

    Canon: 6, 24, 39, 42.
    Opinion #: 68
    Cite: 18 Baylor L. Rev. 225 (1966)
    Date: March 1953

    Is it a violation of the Canons of Ethics for an attorney who handles tax matters to insert a card, giving his name, address, telephone number, and adding the words "Tax Service" therein, in the professional directory of a newspaper? Before stating the opinion of the present committee on the above question, it is deemed advisable to briefly review the history of this matter. In two prior opinions No. 7 released in 1947 and No. 29 released in 1950, the Texas Committee on the Interpretation of the Canons of Ethics had ruled that a card in a newspaper "Legal Directory" was permissible. This position was contrary to the American Bar ruling, and was also opposed to the views of local bars in certain cities. Because of this conflict the matter was referred to the State Bar, as a whole, in July 1951, and the following resolution was adopted: "I move, Mr. President, that the State Bar follow the lead of the American Bar in its revised Canons of Ethics, which would forbid publication of the professional card."  

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  • Opinion 67

    Canon: 30. A.B.A. Canon 33.
    Opinion #: 67
    Cite: 18 Baylor L. Rev. 225 (1966)
    Date: March 1953

    Is it a violation of the Canons of Ethics to use a firm name indicating a partnership such as "Smith and Jones," when a true partnership does not exist but each lawyer has his own clients?  

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  • Opinion 66

    Canon: 6
    Opinion #: 66
    Cite: 18 Baylor L. Rev. 225 (1966)
    Date: March 1953

    Is it a violation of the Canons of Ethics for an attorney representing the estate of a decedent to file a claim on behalf of a third party against the said estate and request an attorney's fee from said estate for the collection of said claim?  

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  • Opinion 65

    Canon: 6, 34
    Opinion #: 65
    Cite: 18 Baylor L. Rev. 224 (1966)
    Date: March 1953

    Is it a violation of law or any Canon of Ethics for a Texas lawyer who is a member of a law firm to represent a public utilities company before a city governing body, i.e., city council, while a member of the same law firm serves the same city governing body in a legal advisory capacity, i.e., city attorney?  

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Displaying results 611-620 (of 684)
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