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 24

    Canon: 24, 39
    Opinion #: 24
    Cite: 18 Baylor L. Rev. 206 (1966)
    Date: April 1950

    Is the listing of the following: "Real Estate mortgage notes bought and sold, business, residential, repair loans (Name)   Attorney (Address)   (Telephone Number)"   Under the heading "Real Estate Loans L-1," in one of the metropolitan newspapers published in this state a violation of the Canons of Ethics?

    Read More

  • Opinion 23

    Canon: 6
    Opinion #: 23
    Cite: 18 Baylor L. Rev. 206 (1966)
    Date: December 1949

    One member of a law co-partnership being at the time the qualified and acting county attorney of the county of the firm's domicile, is it ethically permissible for another member of such firm to accept retainer from and defend a person then being prosecuted for felony in another Texas county?

    Read More

  • Opinion 22

    Canon: 19. A.B.A. Canon 22.
    Opinion #: 22
    Cite: 18 Baylor L. Rev. 205 (1966)
    Date: November 1949

    "What is proper on the trial, or in advance of the trial, of a case with respect to giving the court an outline or memorandum of your position? In other words, it is obligatory upon you with respect to each communication with the court to acquaint opposing counsel with what has taken place between you and the court? If so, there will be comparatively few times when you can in advance of the trial of the case be of any assistance to the trial judge by acquainting him with the issues and authorities pertinent to the issue. Probably the following is an extreme example and no one would question the propriety of the course taken, but it may serve as illustrative of the problem presented by the question: Several years ago I was defending a divorce suit brought by the husband on the grounds of cruel treatment. The Austin Court of Civil Appeals had held that adultery after separating is a bar to a suit for divorce on the grounds of cruel treatment. I had some reason to believe that the plaintiff would admit having had intercourse with another woman subsequent to the separation from his wife, but I was afraid the court would not appreciate the relevance of the testimony sought to be introduced, and that if I had to take time to argue its relevancy the question might as well never be asked. I gave the court in the absence of counsel for the plaintiff the citation to the case, and noted what the case held. If it is proper to submit a memorandum to the court what should ordinarily then be the court's position?"

    Read More

  • Opinion 21

    Canon: 6, 32. A.B.A. Canons 6, 35.
    Opinion #: 21
    Cite: 18 Baylor L. Rev. 205 (1966)
    Date: November 1949

    What should an attorney do when he is asked by an insurance company to handle a friendly suit in order to effectively dispose of a minor's claims for personal injuries, when neither the minor nor his father has consulted an attorney? In other words, can you in such case arrange with an attorney to represent the minor and his next friend, or can you properly do no more than to communicate with the minor and his father and instruct him that he will have to have an attorney, ask him to select an attorney, and acquiesce in his selection, running the risk of the attorney advising against the settlement or charge for his services a substantial part of the amount of the agreed settlement? If one of these agreements for settlement should get out of hand the insurance company will hold you responsible and you lose a client.

    Read More

  • Opinion 20

    Canon: 14
    Opinion #: 20
    Cite: 18 Baylor L. Rev. 204 (1966)
    Date: November 1949

    Whether the last paragraph of the following letter by a member of the State Bar of Texas violates one or more of the Canons of Ethics of such Bar, to-wit:   "Mr. Sidney T. Page, Esq. 41 Craford, North Kettering , Northants , England . Dear Mr. Page: Receipt is acknowledged of your letter of the 2nd in connection with the divorce proceeding of your daughter and Mr. Mayo. This letter I am very glad to have the privilege of reading and making reply. I do not have the exact date the divorce judgment was entered of record at Waco, McLennan County, Texas, in the District Clerk's Office, of which Mr. R.V. McClain is Clerk and you may receive a certified copy of the decree for $1.50 American money. However, when Mr. Mayo was granted a divorce, your daughter was also granted a divorce, she may marry at any time as the decree was complete at date of entering. I believe the judgment was entered sometime in January of 1947. The Honorable Right Mayor of your city acted as we Texans say 'Took the bull by the horns' but he could not ride the bull, and should have with all due respects for all parties served the petition and returned same as he did with the petition unserved. It is not for me to say who was right or wrong; I only acted as attorney on the information furnished to me by the plaintiff. Mr. Mayo has married, resides on a farm near this city, and is doing well, and appears to be a very respectful citizen of this community. I see him often at our Baptist church and so far as I know he had just causes for obtaining a decree of divorce and separation from State Bar of Texas your daughter. At this time, it looks that we are going to furnish your little country with a lot more American dollars, and I suppose in time our boys will be returning to fight your battles with American dollars and weapons as in the last two wars; however, we are a free democratic people and believe in helping the weak nations. We go where we please and do just about as we desire. With kindest personal regards, I am . . ."

    Read More

  • Opinion 19

    Canon: 24. A.B.A. Canon 27.
    Opinion #: 19
    Cite: 18 Baylor L. Rev. 202 (1966)
    Date: November 1949

    Whether the proposal contained in the following letter violates one or more of the Canons of Ethics of the State Bar of Texas, to-wit: "My experience in the automobile industry legal field in which I have specialized for the past 13 years has proven a great need for getting other attorneys in other localities better acquainted with this type of legal work. In the average city throughout Texas so few of these type cases arise locally that it gives a local attorney little or no chance to learn the 'ins' and 'outs' of this type legal business. This same letter is going to each member of the Texas Used Car Dealers Association, Texas Association of Automobile Finance Companies and various local banks soliciting from each the information referred to on the inclosed questionnaire. It is my plan that after I have received back this information, I will pick several attorneys in each locality to personally interview and from them pick one or more to become a member of what shall be termed 'Texas Secured Commercial Financing Legal Society.' The attorneys chosen will not pay any fees or other monetary considerations and cannot join except by invitation. Each attorney so chosen will receive up-to-date information on the legal aspects of the automobile and financing business. If you should be involved in a lawsuit in some other city, you could call the attorney member in your city and deal directly with him as he would have the attorney member in the other city handle the case for you. There would be only the one fee which in most cases would be routine set fee, which you would pay the local attorney as he would pay the attorney representing you in the other city. The incentive for an attorney to want to be in the society would be the automatic possibility of receiving a great deal of referral matters from other attorneys throughout the state. Naturally this would not affect your relationship with your own local attorney even if he were not the local member of the society since he could himself and would, I believe, in most instances, want to work with attorneys specializing in this type of work in the other city where you may be legally involved. I would therefore greatly appreciate your answering the inclosed questionnaire and return in the enclosed self-addressed and stamped envelope."

    Read More

  • Opinion 18

    Canon: 6, 19
    Opinion #: 18
    Cite: 18 Baylor L. Rev. 201 (1966)
    Date: May 1949

    1.   Is an attorney who is retained by an employer having workmen's compensation insurance ethically precluded, upon being questioned by the claimant from advising the claimant to prosecute his claim in the courts by an appeal from the award of the Industrial Accident Board where the claimant is dissatisfied with the views and statement of the insurance company's representatives? 2.   May the attorney so retained by the firm identify by name an attorney about whom the injured party has inquired by asking the retained attorney, "What is the name of that good compensation lawyer in the City of ________?"

    Read More

  • Opinion 17

    Canon: 9
    Opinion #: 17
    Cite: 18 Baylor L. Rev. 200 (1966)
    Date: December 1948

    Whether the first sentence of Canon 9 reading, "A member should not in any way communicate upon the subject of controversy with the party represented by counsel" refers only to a communication by counsel with a design to negotiate a compromise.

    Read More

  • Opinion 16

    Canon: 6
    Opinion #: 16
    Cite: 18 Baylor L. Rev. 200 (1966)
    Date: December 1948

    Can a justice of the peace, who is a lawyer, practice criminal law in superior courts, or in any county outside his own county?

    Read More

  • Opinion 15

    Canon: 42
    Opinion #: 15
    Cite: 18 Baylor L. Rev. 200 (1966)
    Date: December 1948

    Is it proper in an announcement of the association of two or more lawyers to state in the announcement "Practice restricted solely to matters concerning oil and gas - real property - corporations - estates?"

    Read More

Displaying results 661-670 (of 684)
 |<  <  60 61 62 63 64 65 66 67 68 69  >  >| 

Subscription  ❯

Join us in bringing professionalism to practice.

Sign In

Cancel

Forgot Password?
Don’t have an account, create one.