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 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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  • Opinion 33

    Canon: 1, 19
    Opinion #: 33
    Cite: 18 Baylor L. Rev. 210 (1966)
    Date: February 1951

    Under our statute requiring that a petition disclose whether there are any children under the age of 16, making it obligatory upon the court to make such orders respecting custody and support as is best for the child or children, is an attorney guilty of unethical conduct who knowingly withholds from the court in a divorce case knowledge that the wife is pregnant?

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  • Opinion 32

    Canon: 6
    Opinion #: 32
    Cite: 18 Baylor L. Rev. 210 (1966)
    Date: October 1950

    Should the duly-elected criminal district attorney conduct the prosecution of a relative who is charged with the commission of an offense?

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  • Opinion 31

    Canon: 24. A.B.A. Canons 27, 29.
    Opinion #: 31
    Cite: 18 Baylor L. Rev. 209 (1966)
    Date: October 1950

    Does the carrying of the following on the letterhead of an attorney violate any of the Canons of Ethics?    (Name of Town)                    Lawyers     Since 1840:    (Name)                             , 1840-1878    "Great Grand Paw"    (Name)                             , 1878-1918    "Grand Paw"                       (Name)                             , 1910-1950    "Dad"

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  • Opinion 30

    Canon: 24, 39
    Opinion #: 30
    Cite: 18 Baylor L. Rev. 209 (1966)
    Date: October 1950

    1.   Is the listing in the classified section of telephone directories (commonly known as the "yellow page" section) of practicing attorneys' names and telephone numbers under the heading "Attorneys" or "Lawyers" considered unethical? 2.   Is such listing or classification limited to the city or town in which such attorney resides, or practices, or may such listings be made in directories for other places in the vicinity in which there are no practicing attorneys?

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  • Opinion 29

    Canon: 24, 39
    Opinion #: 29
    Cite: 18 Baylor L. Rev. 202 (1966)
    Date: October 1950

    Is the publication of professional cards by attorneys (other than patent, copyright and admiralty attorneys), listing only the attorney's name, address and telephone number, in "professional directory" classified columns of newspapers considered unethical?

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  • Opinion 28

    Canon: 24
    Opinion #: 28
    Cite: 18 Baylor L. Rev. 208 (1966)
    Date: September 1950

    Does the listing of the following form of an advertisement in a dog show catalogue violate any of the Canons of Legal Ethics of the State Bar of Texas, namely: "Texarkana's Mississippi Zeb Son of the Last English Setter to win National Championship Stud fee $25.00 Owner: (name of individual) c/o. . . . . . . Attorney at Law (Name of City) Texas"

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  • Opinion 27

    Canon: 11
    Opinion #: 27
    Cite: 18 Baylor L. Rev. 207 (1966)
    Date: April 1950

    Does the use, by a practicing attorney, of a written "Retainer Agreement" whereby for a stipulated fee, payable in advance, the client employs the attorney for the purpose of consultation and advice, during office hours, on matters which involve, or may involve, legal problems of the client, violate the Canons of Ethics of the State Bar of Texas? Such "Retainer Agreement" specifies certain types of service which are not covered by the agreement, and provides that any of those services will be performed by the attorney only at the request of the client, upon a basis previously agreed upon between said client and attorney. Such "Retainer Agreement" further provides that by the acceptance of the retainer fee the attorney recognizes that the relationship of attorney and client exists during the life of the agreement, and said attorney will not handle any claim or suit against such Client while the agreement is in effect. Such "Retainer Agreement" further provides that its execution shall not prohibit the client from seeking counsel, advice or legal services from any other lawyer.

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Displaying results 651-660 (of 686)
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