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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 43

    Canon: 6. A.B.A. Canon 6.
    Opinion #: 43
    Cite: 18 Baylor L. Rev. 214 (1966)
    Date: July 1951

    Under a city ordinance where two vehicles have a collision, both drivers are prima facie guilty of negligence, and are arrested and charged with "Negligent Collision," in the event the parties have amicably settled their differences, would it be a violation of the Texas Canons of Ethics for the same attorney to represent both parties in the prosecution of the criminal charges which were filed?  

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  • Opinion 42

    Canon: 43
    Opinion #: 42
    Cite: 18 Baylor L. Rev. 214 (1966)
    Date: June 1951

    A member of a firm of attorneys maintains an office in the same quarters with an abstract and title company. His name appears on the window, with the word "Attorney" beneath it, and he is listed in the telephone directory as having an office at the same address, and with the same telephone number, as the abstract and title company. His firm does all the work for the abstract and title company. Also, almost without exception, the legal papers required in connection with title policies are drawn by this firm of attorneys. The abstract and title company has never refused to permit a customer to have such papers prepared by the customer's own attorney, but has never voluntarily advised such customer that he might use his own attorney. Is the practice, as above set forth, in violation of the Texas Canon of Legal Ethics?  

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  • Opinion 41

    Canon: 24, 25, 27, 28, 32. A.B.A. Canons 27, 28, 35.
    Opinion #: 41
    Cite: 18 Baylor L. Rev. 213 (1966)
    Date: June 1951

    Is the following course of procedure in violation of the Canons of Ethics of the State Bar of Texas? An attorney becomes regional counsel for the Legal Aid Department of the Brotherhood of Railroad Trainmen, and is furnished with a form by, or on behalf of, an injured employee giving a complete history of his accident, the nature of his injuries, the medical treatment received, his present physical condition, his earnings, whether or not the claim agent has interviewed him, whether or not a release has been executed, whether or not a lawyer has been employed, and, if so, who, and similar data.  The regional attorney then writes such injured employee advising him that he has a good case, and should have no difficulty in recovering, but if he is unable to do so, not to hesitate to call upon such regional attorney for assistance. If a response is not received from the injured employee, then regional attorney reports that fact to the manager of the Legal Aid Department of the Brotherhood of Railroad Trainmen.  

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  • Opinion 40

    Canon: 24, 39. A.B.A. Canons 24, 43.
    Opinion #: 40
    Cite: 18 Baylor L. Rev. 213 (1966)
    Date: June 1951

    Is the following advertisement, namely "Income Taxes Be Safe, have your report made by a lawyer. Specialist income tax laws. 2330 Dallas, Phone 7581" which is carried in the classified section of a newspaper, in violation of Canons of Ethics?  

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  • Opinion 39

    Canon: 29
    Opinion #: 39
    Cite: 18 Baylor L. Rev. 212 (1966)
    Date: May 1951

    Is it a violation of the Canons of Ethics for an attorney, who knows the property in question to be a homestead, to follow the regular practice of having the owner convey to a third party who reconveys to the owner retaining a vendor's lien, or who executes a mortgage and reconveys to the owner who assumes the mortgage?

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  • Opinion 38

    Canon: 24
    Opinion #: 38
    Cite: 18 Baylor L. Rev. 212 (1966)
    Date: May 1951

    Would the use of a neon sign, approximately (five) 5 feet long by two (2) feet in height, containing the attorney's name and telephone number, over the entrance to his office located in a suburban shopping center, be in violation of any Canon of Ethics?  

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  • Opinion 37

    Canon: 6
    Opinion #: 37
    Cite: 18 Baylor L. Rev. 212 (1966)
    Date: May 1951

    Under the canons of Ethics, is the law partner of the county attorney precluded from practicing criminal law in the district court of the county in which his partner is county attorney, if he restricts his criminal practice to those cases in which the county attorney takes no active part in the preparation and prosecution of the State's case?  

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  • Opinion 36

    Canon: 6
    Opinion #: 36
    Cite: 18 Baylor L. Rev. 211 (1966)
    Date: March 1951

    1.   Where any attorney has been counsel of record in a suit contesting a will, representing one of sixteen heirs, and such will, covering a minor part of the estate, has been admitted to probate, would it be proper for him to accept employment as attorney for a disinterested administrator who has been appointed to administer the residue estate when it appears that there may be questions arising for decision by the administrator which will involve a conflict of interest between the one heir represented by him and the remaining heirs? 2.   In the event that such employment is or has been accepted and a question arises concerning the interpretation of the will involving a controversial question as to whether or not assets of the residue estate not included under the will should be sold to pay a bequest that may be either of all money on deposit in a specific bank account or of a specified sum of money, and the attorney who represented the heir in the will contest received as his compensation for such representation an undivided interest in all property covered by such will, would it be proper for such an attorney to: (a) Advise the administrator concerning payment of such bequest? (b) Advise the administrator to go ahead and pay the minimum amount which would be, in any event, due under such bequest? (c) Represent the administrator in an application requesting an order of the probate court to pay the minimum amount?

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  • Opinion 35

    Canon: 6
    Opinion #: 35
    Cite: 18 Baylor L. Rev. 211 (1966)
    Date: March 1951

    Should a duly elected or duly appointed district judge conduct the trial of a civil cause in which his own son and partner until such election and appointment, represents one of the litigants, or should such judge recuse himself under such circumstances?

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  • Opinion 34

    Canon: 6
    Opinion #: 34
    Cite: 18 Baylor L. Rev. 210 (1966)
    Date: March 1951

    On October 25, 1950, on his own letterhead and over his own signature, a practicing attorney made demand for damages, on behalf of a client, against the other party to an automobile collision, and suggested that such other party consult her insurance carrier about the accident, if she had not already done so. A son of this same attorney had an insurance agency which was conducted in another building in the same city, and on the date the letter was written the son was out of the city on a visit to his grandmother in anticipation of being drafted into service. During his absence, this attorney for and on behalf of the insurance agency, and on the letterhead of the insurance agency, signed his son's name to a letter addressed to this same lady upon whom he was making demand for damages, pointing out the advantages for carrying automobile liability insurance and recommending that she take out such a policy with one of the companies represented by his agency. Neither the attorney's letter nor the letter written on behalf of the insurance agency disclosed that the owner of the insurance agency was a son of the attorney. Does the conduct outlined above violate any of the Canons of Ethics of the State Bar of Texas?

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Displaying results 641-650 (of 683)
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