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 63

    Canon: 31
    Opinion #: 63
    Cite: 18 Baylor L. Rev. 223 (1966)
    Date: February 1953

    A firm of Texas lawyers represents a client who holds property belonging to a person who disappeared several years ago. A Chicago concern advertises that it specializes in searching for missing heirs, legatees, owners of property, etc. They further state that such searches are made at their own cost, without expense to forwarders, and that their compensation is fixed by a contingent fee agreement with the person located. They further state in their advertisement "We cooperate with attorneys on an ethical basis." The Texas law firm desires to know if it would be proper, under the Texas Canons of Ethics, to forward this business to the Chicago firm, and to share in their contingent fee in the event the person is located.  

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  • Opinion 62

    Canon: 24, 39, 42.
    Opinion #: 62
    Cite: 18 Baylor L. Rev. 223 (1966)
    Date: February 1953

    Is it a violation of the Canons of Ethics for an attorney who carries a listing under "Attorneys" in the yellow pages of the local telephone directory, to also carry a listing under "Title Service" which after giving his name, reads: "Title Insurance Guarantees Land Titles and Liens Exclusive Agent (Name of Company) 'Better Be Safe Than Sorry' (Telephone Number)"  

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  • Opinion 61

    Canon: 31
    Opinion #: 61
    Cite: 18 Baylor L. Rev. 222 (1966)
    Date: January 1953

    The party in question is both an attorney and a certified public accountant. Prior to the receipt of his license as an attorney in 1942, he was employed as an assistant county auditor. From 1942 to 1949 he was employed as an executive with a manufacturing concern. In May, 1949, he resigned that position, and opened his own law office. The Commissioners Court of one of the large counties in Texas, for a number of years, has been issuing and refunding bonds for various purposes. In connection with such issues, it is necessary to have a transcript of all the proceedings prepared and filed with the Attorney General for his approval, as well as with the market attorneys. The Commissioners Court under the law, was permitted to employ the county auditor or any other qualified person to prepare such transcripts, and had made a practice of employing the county auditor to do so and he was authorized to employ such assistants as he deemed necessary. The work of preparing these transcripts was not part of the official duties of the county auditor, was performed outside of regular office hours, and he was paid extra compensation for such work. During the period from 1936 to 1942, while the attorney in question was assistant county auditor, he had assisted the county auditor in the preparation of such transcripts, and divided the compensation for such work with the county auditor. This practice continued during the period from 1942 to 1949, while the attorney in question was an executive of the manufacturing concern. None of this work was performed while the attorney was holding himself out as being engaged in the practice of law, and was discontinued when he opened his law office in 1949. In 1950, the attorney in question applied for a license to the Committee on Practice to appear as an attorney before the Treasury Department and other federal agencies, and that committee has requested a ruling from the Committee on Interpretation of Canons of Ethics as to whether or not this division of fees between the county auditor, a layman, and the attorney in question constituted a violation of the Canons of Ethics. This matter was submitted to our predecessor committee in a seven-page single-spaced letter. That committee called upon the person submitting the question for further data particularly as to the nature of the services which had been performed, and a second letter of some five and one-half pages, single spaced, was submitted.

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  • Opinion 60

    Canon: 24, 39
    Opinion #: 60
    Cite: 18 Baylor L. Rev. 222 (1966)
    Date: January 1953

    Is it a violation of the Canons of Ethics for an attorney to publish a card in a local newspaper giving his name, address, and telephone number, and reciting that he has been in that locality for 25 years?  

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  • Opinion 59

    Canon: 6
    Opinion #: 59
    Cite: 18 Baylor L. Rev. 221 (1966)
    Date: January 1953

    Two automobiles were involved in a collision, and one member of a law partnership was employed to represent A, who was a passenger in Car No. 1, and thoroughly discussed the facts of the case with A. Some three weeks later, another member of the same law firm was consulted by B, the owner of Car No. 2, thoroughly discussed the case with B, and, being wholly ignorant of the fact that his partner had been consulted and employed by A, accepted employment by B. Later, upon learning the true facts, the second partner returned the written contract of employment to B, and informed him that he could not represent him. Based upon the foregoing statement of facts, would it be a violation of the Canons of Ethics for this law firm to continue to represent A?  

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  • Opinion 58

    Canon: 24. A.B.A. Canon 27.
    Opinion #: 58
    Cite: 18 Baylor L. Rev. 221 (1966)
    Date: January 1953

    Is it a violation of the Canons of Ethics for an attorney to contact the municipal officials relative to securing a contract with the municipality to collect delinquent taxes owed by citizens of the community?  

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  • Opinion 57

    Canon: 9
    Opinion #: 57
    Cite: 18 Baylor L. Rev. 220 (1966)
    Date: January 1953

    Is it a violation of the Canons of Ethics, where the adverse attorney has refused to consult his client about a settlement, for the other attorney to send a joint letter to the adverse attorney and his client stating that a compromise was possible and should be discussed?  

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  • Opinion 56

    Canon: 24
    Opinion #: 56
    Cite: 18 Baylor L. Rev. 220 (1966)
    Date: January 1953

    Is it a violation of the Canons of Ethics for an attorney, who specializes in tax matters, to send monthly tax letters to his own clients in his own envelopes?  

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  • Opinion 55

    Canon: 34
    Opinion #: 55
    Cite: 18 Baylor L. Rev. 220 (1966)
    Date: September 1952

    Several years ago an attorney wrote a will for a client and acted as one of the witnesses to the will. Recently, this client executed another will prepared by another and shortly after the execution of the second will was, due to mental condition, given a ninety-day commitment to a hospital for the insane and a son appointed guardian. The son and guardian, anticipating an attempt to probate the second will upon the death of this client, is bringing a procedure to perpetuate testimony and contemplates the taking of the deposition of the attorney who prepared the first will concerning the circumstances of its execution, its contents and the attorney's opinion of the client's mental condition at the time of the execution of the first will. Should the attorney who prepared the first will disclose to the parties involved the contents of such will, the circumstances of its execution and his opinion of the testator's mental condition?

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  • Opinion 54

    Canon: 24. 39. A.B.A. Canons 27, 43.
    Opinion #: 54
    Cite: 18 Baylor L. Rev. 219 (1966)
    Date: September 1952

    Is it ethical for an attorney to have printed in bold, black letters at the top of his personal card, which is otherwise in the usual and customary form, the following: "If a deal is to be made where legal advice is needed see an attorney first, and save."?  

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Displaying results 621-630 (of 683)
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