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 583

    Canon:
    Opinion #: 583
    Cite: THE PROFESSIONAL ETHICS COMMITTEE
    Date: September 2008

    May a lawyer enter into an arrangement to mediate a divorce settlement between parties who are not represented by legal counsel and prepare the divorce decree and other necessary documents to effectuate an agreed divorce if the mediation results in an agreement?

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  • Opinion 582

    Canon:
    Opinion #: 582
    Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
    Date: April 2008

    May a lawyer enter into a fee arrangement in which the lawyer bills for his services and the client agrees that, if payment is not made to the lawyer within 30 days of tender of the invoice, the lawyer may charge the client’s credit card for the amount of the invoice?

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  • Opinion 581

    Canon:
    Opinion #: 581
    Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
    Date: April 2008

    May a lawyer entering into an agreement to defend a client in litigation include in the engagement agreement with the client a provision that requires the client to pay defense expenses incurred by the lawyer if the lawyer is later joined as a defendant in the litigation?

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  • Opinion 580

    Canon:
    Opinion #: 580
    Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
    Date: March 2008

    Is a lawyer’s refusal to comply with an arbitration decision in a fee dispute with a client a violation of the Texas Disciplinary Rules of Professional Conduct? 

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  • Opinion 579

    Canon:
    Opinion #: 579
    Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
    Date: November 2007

    Question 1: May a lawyer in a public defender’s office avoid a conflict of interest arising from representation of two different clients by referring one of the clients to another lawyer in the same public defender’s office?             Question 2: May a lawyer in a public defender’s office, after concluding that a conflict exists, continue to represent a client subsequent to withdrawing as counsel for another client?

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  • Opinion 578

    Canon:
    Opinion #: 578
    Cite: THE PROFESSIONAL ETHICS COMMITTEE FOR THE STATE BAR OF TEXAS
    Date: July 2007

    Under what circumstances is a law firm permitted to represent one municipality against another municipality that was a former client of the law firm? Would screening lawyers who had been involved in representation of the former client have an effect on the law firm’s eligibility to undertake the proposed representation against the former client?

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  • Opinion 577

    Canon:
    Opinion #: 577
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: March 2007

    May a law firm hire a lawyer who is not an associate, partner, or shareholder of the law firm to provide legal services for a client of the firm and then bill the client a higher fee for the work done by that lawyer than the amount paid to the lawyer by the firm?

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  • Opinion 576

    Canon:
    Opinion #: 576
    Cite: The Professional Ethics Committee For the State Bar of Texas
    Date: December 2006

    May a lawyer who represents a client in a contingent fee personal injury case enter into an agreement with a lending company owned by non-lawyers under the terms of which the lending company would agree to reimburse the lawyer for litigation expenses in the case as incurred and the lawyer would agree to repay, in the event of a recovery in the lawsuit, the amounts advanced plus a funding fee equal to a fixed percentage of any amount recovered in the case but subject to an agreed maximum?

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  • Opinion 575

    Canon:
    Opinion #: 575
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: November 2006

    May a lawyer electronically record a telephone conversation between the lawyer and a client or third party without first informing the other party to the call that the conversation is being recorded?

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  • Opinion 574

    Canon:
    Opinion #: 574
    Cite: The Professional Ethics Committee for the State Bar of Texas
    Date: September 2006

    Is it permissible under the Texas Disciplinary Rules of Professional Conduct for a former employee of a Texas regulatory agency to represent a client before the agency in a matter that originated during the lawyer’s employment but in which the lawyer did not participate personally and substantially?

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Displaying results 101-110 (of 683)
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