Ethics Reports by Subject

The index to all ethics opinions issued by the Professional Ethics Committee of the Supreme Court of Texas last appeared in the December 1994 issue of the Texas Bar Journal


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    Abstract of title companies, 42, 79, 196
  • review of abstract of title, 81
  • unauthorized practice of law, 42, 253
    Accounts, client trust. See also Funds of client
    Accounts receivable
  • collection agency hired to collect accounts receivable, 495, 652
  • loan secured by, 479
  • sale of accounts receivable to third party factoring company, 464
    Administrative agencies
  • ex parte communications with, 587
  • representations of two taxing agencies for delinquent excess, 295
    Advancing funds to clients, 230, 465.
  • See also Clients; Expenses; Fees.
    Advertising. See also Mass mailings; Name, use of; Solicitation of business; Specialization
  • abstract of title matters, 79, 81
  • acknowledgment of financial contributions in publications, 110
  • advertising wills through mail, 413
  • agreement forms, 134
  • alumni publications, 236
  • announcements
    • change of office address, 218, 221
    • establishment of law office, 102, 222, 319
    • generally, 199, 209, 250
    • organization of which lawyer is officer or director, 188
    • practice upon leaving public office, 5, 192
    • termination of public position, 14
  • brochures from law firm, 420, 470
  • bulletins of membership organization, 300, 346
  • building designation as "legal," 221, 242, 254, 379
  • business cards of legal assistants, 403
  • catalogues, 28
  • civic and charitable activities, 255
  • commercial advertisement/promotion by business entity, 320, 591
  • commercial advertisement/funded by client medical professional group, 547
  • cooperative advertising, 591
  • coupon book offering free consultation, 452
  • degrees-nonlegal in ads, 418
  • designation as attorney on bank checks, 174
  • direct mail advertising v. solicitation, 414, 470, 507, 521
  • directories
  • free legal advice
    • to indigent/needy, 225
    • to subscribers of publications, 12
    • other useful information, 654
  • group advertising, 591
  • holiday cards or greetings, 168, 210, 322, 372
  • Internet
    • referral services, 561, 573
    • use of competitng attorney/firm's name as an online search keyword, 661
  • invitations to holiday parties, 258
  • joint advertising, 591
  • law firm as sponsor on non-profit entity website, 548
  • law lists, 83, 362, 370, 416
  • legal journals or reviews, 212, 329
    • notice of specialized legal services in, 2, 10, 267
  • letter to non-potential client, 507, 521
  • letter to potential client, 470, 521
  • letterheads
    • accounting qualifications, 406
    • acting as landman, 114
    • carrying associates not licensed to practice, 50, 64, 438
    • carrying names of deceased relatives, 31
    • collection matters, 160
    • information allow on, generally, 77, 119, 198, 291, 305, 318, 390, 406, 436, 440
    • lawyers not licensed in Texas, 50, 406
    • military law, 424
    • municipal judge, 451
    • non-associates listed "of counsel," 402
    • use of emblems, 284
  • magazine subscriptions, 462
  • newspapers, 51, 52, 164, 320, 507
    • client identifying attorney, 283
    • letter to, 273
    • restricted to sections used as legal directories, 4, 7, 25, 29
  • nonlegal business of attorney, 91, 186, 194, 221, 249
  • nonprofit or nonbusiness purposes, 247
  • notice of agencies or courts before which attorney is licensed to practice, 8
  • notices of special competence or experience in certain legal areas, 15, 112, 222
  • notices of soliciting claims for estates, 75
  • open houses, 258, 261
  • organization bulletins, 300, 346
  • political, 103, 165, 340
  • postage-meter machine slogans, 121
  • professional cards
  • promotion of educational programs, 394, 489
  • public relation agency, 460
  • referral service, 205
  • retired judges, 639
  • sale of law practice, 266
  • self-laudation/use of titles, 344
  • signs
  • soliciting by Internet, 561, 573
  • soliciting by mail, 8, 470, 507, 521
  • soliciting employment from a client, 563, 623
  • special competence/experience/or areas of practice, 2, 5, 10, 40, 52, 112, 221, 286, 305, 306, 331, 370, 393, 440
  • specializations, 93, 289, 440
  • stationery, 160, 198, 247
  • trade name, 398
  • validating parking lot tickets, 334
  • welcome wagon package, 427
    Advice See also Clients; Judgment of lawyer; Opposing parties; Recommendation of professional employment; Solicitation of business
  • contained in collection letter, 484
  • counseling client to hire all local lawyers, 585
  • free to indigent, 225
  • given by city attorney to city ethics board regarding ethics complaint against individual members of city council, 567
  • given by defense attorney regarding plea agreement containing waiver of post-conviction appeals based on prosecutorial misconduct and ineffective assistance of counsel, 571
  • given to opposite party, 130, 201
  • given to organization member by organization's staff attorney, 476
  • given to prospective client already represented, 395
  • given to pro se litigant for a fee for review of self-help forms, 635
  • lawyer to exercise independent professional judgment and render candid advice, 557
  • to subscribers of publications, 12
    Affirmative defense
  • use to influence settlement negotiations, 214
    Aiding in unauthorized practice of law. See Unauthorized practice.
    Alderman. See also Local government.
  • practice of law by municipalities, 82
    Ambulance chasing. See Recommendations of professional employment;Solicitation of business.
    Announcements. See Advertising.
    Appeals. See also Convicted defendants.
  • attorney in firm testified as fact witness, 471
  • continued representation in appeal when the client has filed pro se motions seeking relief from settlement of the case and grievances against the lawyer, 565
  • threat of additional prosecution, 365
    Associates. See Corporate law firms; Law firms; Partnerships.
    Assumed name. See Name.
    Attorney-client privilege. See also Clients; Confidences of client.
  • avoid assisting fraudulent act, 473, 482, 504
  • client withholding evidence of crime, 193
  • collection agency, 495
  • contracts, 203
  • delivery of materials containing privileged information to the opposing party, 572, 664, 665
  • employee leasing arrangements, 508
  • ethical duty and evidentiary rule, 389, 665
  • exceptions
    • crime, 204
    • as defense of wrongful conduct accusations, 9
  • fee statements contain confidential information, 532
  • hiring a collection agency, 495
  • multiple clients, 482, 487, 500
  • online reviews, 662
  • past crime of client, 353
  • protection of secrets following termination of employment, 389, 501, 595
  • requested disclosures by government agencies, 378, 384, 506
  • reveal fact to court to avoid fraud, 480, 482
  • telephone records, 517
  • waiver of, 378, 487, 513
  • wills, 55
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    Bail bonds
  • appointment as attorney-in-fact for surety company, 248
  • attorney as surety for client, 141, 251, 347
  • compensation from bond company for referrals, 351
  • financial or business interest in, 366
  • practice of criminal law, 141
  • withdrawal from, after posting bond for client, 388
    Banks. See also Funds of clients; Lending institutions; Trusts.
  • acting as executor under reciprocal wills, 216
  • acting as trust officers, 177, 262, 336
  • attorney borrowing for case expenses, 465
  • loan secured by accounts receivable, 479
  • requiring customer use of designated attorney, 150, 228
  • representing client against bank owned by holding company that owns a client bank, 423
  • salaried attorney preparing loan documents, 490
  • use of attorney letterhead for collection matters, 160
  • use of attorney letterhead for credit repair matters, 630
    Bar associations
  • advertising by, 95
  • distribution of educational pamphlets, 239
  • establishment of lawyer referral service, 205, 371, 443
  • law lists, statement as to areas of practice, 370
    Bartering
  • associations, 410
  • brochures by attorneys, 420
    Business cards. See also Advertising, professional cards; Judges; Public office.
  • legal assistants, 403
  • retired judges, 639
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    Campaign contributions, 328
    Candor. See also Communications.
  • advising to seek counsel, 18, 470
  • communications with opposing party, 88, 337, 593, 664
  • correcting mistaken impression of fact, 504
  • misstatement of residence facts, 189
  • misstatement of basis for jurisdiction, 499
  • reporting possibly illegal activity by adverse party or witness, 589
    Chamber of Commerce
  • directories, 237, 277
  • membership in, 237
    City attorneys. See also Local government; Public office.
  • giving advice to city ethics board regarding ethics complaint against individual members of city council, 567
  • negotiation on behalf of city council, 474
  • practice of law by, 49, 184
  • representing city employees in grievance procedures, 492
    Class actions. See also Solicitation of business.
  • contacting/employment by members of class affected, 376
  • distribution of fee, 526
  • indirect by strangers in same class, 19
    Clients. See also Attorney-client privilege; Authority of attorney; Candor; Communications; Conflict of interest; Disclosure; Employment; Fees; Funds of clients; Indigent clients; Judgment of lawyers.
  • advancing money to client, 106, 230, 483
  • attorney borrowing money for client living/medical expenses, 465
  • attorney lien on client property, 395, 411
  • binding arbitration provision in engagement agreement, 586
  • committing criminal or fraudulent act, 482
  • concealment of criminal client, 315, 442
  • conflict of interest between multiple clients, 482, 487, 500
  • continued representation of a client after learning that the conduct of a former client may be material, 584
  • counseling client to hire all local lawyers, 585
  • disagreement between two clients, 288
  • district attorney prohibited from prosecuting former clients, 538
  • employment by membership organization, 476
  • former client's access to attorney's notes from representation, 570, 657
  • informal consent when firm attorney testified as witness, 471
  • joint ventures, 512
  • providing office for attorney, 231
  • referral of organization members, 446
  • referral of client to collection agency, 495
  • representation before regulatory agency when client's matter originated while attorney was an employee of the agency, 574
  • representation of criminal defendant in county where lawyer's spouse is an assistant district attorney, 539
  • representation of members of non-profit association, 397
  • representation of municipality against another municipality that was a former client, 578
  • representation of person accused of crime by municipal court judge who did not act in that matter, 541
  • representation of spouse, 468
  • returning client property to client or new counsel, 118
  • right to be represented by lawyer of choice, 475, 482, 492
  • settlement of malpractice claim with client not represented by independent counsel, 593
    Collection of fees. See Fees.
    Collections, 92, 595
  • employment of attorney and legal assistant, 401
  • hiring collection agency, 495, 652
  • lawyers ownership of collection agency, 417
  • letters, 160, 279, 380, 484
  • selling client debt to a collection company, 655
    Communications. See also Candor; Judges; Jury; Opposing party.
  • between attorney and insurance company, 533
  • between attorney and opposing parties, 17, 57, 78, 99, 117, 130, 201, 335, 352, 355, 358, 474, 488
  • between attorney and represented person, 395, 488, 492, 570
  • between attorney and third-party auditors, 532
  • between general counsel of association and members, 537
  • between suspect and district attorney, 137, 226
  • collection letters, 160, 279, 380, 484
  • disclosure to court without client consent, 480
  • contact with opposing client, a municipality, 474
  • letter to non-potential client, 507, 521
  • letter to/from potential client, 470, 521, 651
  • nonpersonalized letter and videotape, 521
  • physical examinations, 139, 229, 235, 358
  • via email, 648
  • with administrative agency prior to filing, 587
  • with jurors, 26, 257, 278
    Competence.
  • required of an attorney representing spouse in divorce action and having responsibility for preparing QDRO, 534
    Compensation. See also Fees; Fee splitting.
  • as attorney for estate when acting as executor, 269
  • assignment of insurance policy proceeds in payment of legal fees, 596
  • for recommendation of insurance plans to clients, 264
  • for legal services provided to joint venture, 512
  • from insurance company, 533
  • from referrals to bonding company, 351
  • restricting lawyer's practice as condition for, 466
  • to client corporation for legal services to controlled businesses, 469
  • to employer corporation for legal services to customers, 498
  • to wholly owned subsidiaries, 531
    Confidences of client. See also Attorney-client privilege; Clients.
  • client consent for delivery of lawyer's fee statement to third-party auditor, 552
  • client consent for sale of accounts receivable to third party, 464
  • disclosure of client information to employees of collection agency who act as borrowed employees of the law firm while assisting the law firm in collection matters, 556
  • disclosure of confidential matters, 389, 442, 482, 487, 494, 506, 552, 595
  • disclosure scope in federal investigations, 105
  • disclosure to avoid fraud, 473, 482
  • disclosure of client information to collection agency, 495
  • disclosure of confidential information on fee statements to third party auditor, 532
  • disclosure of detailed description of lawyer's services to court for purposes of obtaining payment for representing indigent defendant, 559
  • name of lawyer's client, 479
  • non-lawyer employee from opposing law firm, 472
  • notice to prospective clients regarding when confidentiality begins, 651
  • noticeprivileged and unprivileged information, 479, 506, 595
  • public record information acquired during representation of former client used for attorney's benefit, 595
  • public record information acquired from and detrimental to prospective client used for advantage of existing client, 463
  • representation adverse to former associate's client, 501
  • revealing in suit for fees, 341
  • suits against party attorney previously represented, 180
  • telephone records/attorney-client privilege, 517
    Conflicts of interest. See also Intermediaries; Multiple clients.
  • attorney owning interest in chiropractic practice to which lawyer refers clients for treatment, 555
  • attorney owning interest in lending institution, 465, 483
  • "attorney-of-the-day" program, 535
  • attorneys sharing office, 259
  • avoiding potential, 111, 441, 445, 453, 527, 547
  • bail bondsman married to prosecutor, 667
  • bank holding company problem, 423
  • breach of contract suits, 176
  • city attorney advising city ethics board regarding ethics complaint against individual members of city council, 567
  • city attorney representing criminal defendant, 49
  • city attorney or attorney of choice representing city employee, 492
  • city commissioner, 497
  • city council, 544
  • collection agency, lawyer ownership and representation, 417
  • continued representation of a client after learning that the conduct of a former client may be material, 584
  • continued representation when client has strong disagreement with attorney and has sought advice of a malpractice lawyer, 557
  • consultation with both spouses in divorce matter, 494
  • county attorney- law partners, 37, 187, 243, 318, 323, 419
  • county attorneys, 23, 296, 441
  • county commissioner, 530
  • county judge prohibited from representing private client before any justice of the peace, statutory county courts, and district courts in that county, 540
  • DA's former law firm representing defendant, 113
  • DA's law firm representing surety in suit brought by county attorney, 307
  • DA prosecuting his/her former client, 538
  • disagreement between two clients, 288
  • divorce cases, 294, 441, 501, 583
  • employee of business entity that has a contingent fee interest in a case cannot be expert witness in same case, 553
  • employee leasing arrangements, 508
  • employment as bank trust officer, 262
  • employment of opposing firm's non-lawyer employee, 472, 650
  • employment of opposing party's spouse, 528
  • former city attorney, clients before city for compensation, 551
  • former firm, use of name, 466, 491
  • former firm representing former client of city council member, 544
  • garnishment, 86
  • joint ventures, 512
  • judiciary, 1, 173, 325, 429
  • in house counsel for health-care provider and for patients, 543
  • insurance, Stower's case, 308
  • insurer and insured, 21, 89, 99, 156, 179, 260, 359, 482
  • law clerk, duty to withdraw when former law clerk assisted opposing counsel before becoming an attorney, 644
  • legal aid office, 579
  • local governments, 65, 197, 252, 272, 274, 497, 530
  • mayor's law partner before city, 272
  • mediators, 496, 583
  • medical professionals funding law firm's television advertising, 547
  • multiple clients, 482, 487, 500, 512
  • municipal court judge, 541
  • "of counsel" representing client in suit against partners, 445
  • opposing party, 34, 511, 527
  • opposing counsel are married, 666
  • partnership, assumed when lawyers sharing office, 259
  • partnership dispute, 219
  • practicing law while serving as court clerk, 1
  • private practice by member of Tex. St. Highway Comm., 232
  • probation officer acting as defense counsel, 327
  • prosecutors as witness in criminal cases, 399, 454
  • public employment, 37, 113, 124, 148, 187, 243, 307, 318, 323, 325, 367
  • real estate transactions, 228, 448, 525
  • recommending insurance company policies for split of fees, 264
  • referrals to/from landlord lending institution, 377
  • representation adverse to third-party customer of law-related business owned by attorney, 569
  • representation before regulatory agency when client's matter originated while attorney was an employee of the agency, 574
  • representation by a currently-serving state senator or state representative, 554
  • representation of municipality against another municipality that was a former client, 578
  • representing both parties in negligence tort case, 43
  • representing criminal defendant after discharge by criminal complainant, 94
  • representing criminal defendant in county where lawyer's spouse is assistant district attorney, 539
  • representing an employer in a matter that may affect the employee/attorney, 649
  • representing debtor in bankruptcy when creditor is lawyer's client in unrelated matters, 645
  • representing former guardian of an estate, 115
  • representing insurer and insured in different claims regarding the same incident, 659
  • representing minor's legal guardian and minor's father, 314, 511
  • representing opposing parties, 59, 104, 527
  • representing organization membership, 446, 476
  • representing purchaser of real estate from an individual who serves as a director of bank represented by lawyer's firm in unrelated matters, 564
  • representing spouse, 468
  • retirement from public or judicial employment, 124, 243, 325, 345, 367
  • suing and representing a client, 123, 298, 299, 341, 374, 441
  • tax foreclosures, 281
  • taxing agencies, 295
  • wills and estates, 36, 47, 49, 66, 71, 74, 182, 269, 439
  • workers' compensation
    • defending workers' compensation claims, 18, 229, 326
    • disclosure when retained by employer,18
    • negotiating with insurance adjuster without opposing counsel consent, 297
    • representing claimant who is adversary in damage suit, 317
    • representing employee and employer in related mishap, 244
  • zoning board membership, 274
    Consent of client
  • binding arbitration provision in engagement agreement, 586
  • delivery of materials containing privileged information to an independent contractor, such as a copy service, hired by attorney in furtherance of the attorney's representation of the client, 572
  • dual representation disclosure, 525
  • duty to disclose fact to court, 480, 482
  • for disclosure of confidences, 193, 464, 482, 487
  • for disclosure of confidential information in fee arrangement, 481
  • for disclosure of confidential information in third party audit, 532
  • prosecution of former client in new criminal proceeding by newly elected DA, 538
  • representation adverse to third-party customer of law-related business owned by attorney, 569
  • representation by legal aid office after potential conflict of interest is discovered, 579
  • representation of both parties in real estate transaction, 448, 525
  • representation of defendant being accused of crime where lawyer/judge did not act as municipal court judge, 539
  • representation of defendant by spouse of assistant district attorney, 539
  • representation of joint venture, 512
  • representation of municipality against another municipality that was a former client, 578
  • representation of private client by a county judge before any justice of the peace, statutory county court, and district court, 540
  • representation of private client by elected county commissioner before a justice of the peace, statutory county court, and district court, 530
  • to reveal name or amount owed, 479
  • when firm attorney testified as witness, 471
    Contingent fees. See Fees.
    Contract of employment. See also Employment.
  • child support arrearage lawsuits, 485
  • contract attorney placement agency, 515
  • employee leasing arrangements, 508
  • including contingent fee arrangement for investigative services, 510
  • including provision requiring client to pay the defense expenses for the attorney if the attorney is joined as defendant, 581
  • restricting lawyer's practice, 466, 590
  • with municipalities, 58
    Convicted defendants
  • voluntary representation to show unjust conviction, 240
    Corporate law firms. See also Law firms; Partnerships.
  • formed to collect delinquent accounts, 149
  • rendering services to parent, subsidiary, or other closely related corporations, 343
  • restrictive covenants between firm and associates, 422, 459, 466, 590
  • revealing misconduct of officers, 387
  • use of corporate name on calling card, 268
  • use of name after lawyer returns to practice under own name, 466
    Corporations
  • attorney as witness, 475
  • joint ventures, 512
  • non-professional, owned by attorneys, 478
  • providing legal services to client-controlled business, 469
  • providing legal services to customers, 498
  • providing legal services to subsidiary, 531
    County attorneys. See also Local government; Prosecuting attorneys; Public office.
  • county domestic relations committee prosecuting both husband and wife, 441
  • criminal practice by member of family, 323
  • defense of defendant by spouse of assistant district attorney, 539
  • district attorney prohibited from prosecuting a former client in new criminal proceeding without the former client's consent, 538
  • district attorney prohibited from prosecuting a motion to revoke probation on a case where he served as defense counsel, 538
  • district attorney representation of another attorney in DA's office, 430
  • district attorney's former firm representing defendant, 113
  • district attorney's prosecution of a defendant represented by district attorney's spouse, 539
  • employment as special prosecutor, 126
  • interview of criminal defendant, 226
  • lay employee, 144
  • practice after retirement, 243
  • practice of law while service as, 23, 48, 183, 217, 296, 309
  • practicing of criminal law by county attorney's law partners, 37, 187, 243, 318, 323, 419
    Court clerks, 1
    Criminal appointment. 477
    Criminal clients. See Defense, criminal.
    Criminal conduct. See also Discipline of lawyer.
  • duty to reveal information as to, 204, 442, 589
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    Damages pleading amount in petition, 415
    Deceased lawyer. See also Advertising; Names.
  • use of name by law firm, 31, 185, 375, 491
    Defense against accusation by client
  • disclosure of confidences and secrets, 9
    Defense, criminal
  • attorney acting as surety for client's bond, 140
  • "attorney-of-the-day" program, 535
  • by former prosecutor, 345
  • city attorney representing criminal defendant, 49
  • concealment of criminal client, 315, 442
  • decline court appointment, 477
  • disclosing criminal history of client, 504
  • disclosure of detailed description of lawyer's services to court for purposes of obtaining payment for representing indigent defendant, 559
  • district attorney's prior representation of defendant as defense counsel, 538
  • interview of criminal defendant by county attorney, 226
  • not required to disclose fatal defect in indictment, 131
  • probation officer as defense attorney, 327
  • prosecutor as witness, 399
  • representation by city commissioner, 497
  • representation by municipal court judge not acting as judge in that case, 541
  • representation by spouse of assistant district attorney who is prosecuting, 539
  • waiver of post-conviction appeals based on ineffective assistance of counsel as part of plea agreement, 571
  • waiver of post-conviction appeals based on prosecutorial misconduct as part of plea agreement, 571
    Degrees
  • display of, 350
  • in letters or brochures, 470
  • nonlegal in lawyer ads, 418
  • use of titles "Doctor," "Dr." and "J.D.," 344, 550
    Delegation of tasks
  • signing of letters by legal assistant, 381
    Derogatory references. See Integrity of the profession.
    Directories. See also Advertising.
  • attorney may list name, 416
    Discipline of lawyer
  • for conduct of non-lawyer employee, 472
  • insults between attorneys, 20
    Discharge. See Withdrawal from employment.
    Disclosure, lawyer's duty. See also Attorney-client privilege; Clients; Consent of client; Intermediaries; Conflicts of interest.
  • amount of fee retained by finance company, 481
  • contingent fee arrangement for investigative services, 510
  • disclaim partnership status, 478, 509
  • duty to disclose effects of lawyer representing criminal defendant being prosecuted by defense lawyer's spouse, 522
  • duty to disclose fact to court, 442, 480, 482, 499
  • duty to disclose fraud with partner, 522
  • for disclosure of confidences, 193, 464, 482, 487, 504
  • for disclosure of confidential information in fee arrangement, 481
  • employee leasing arrangements, 508
  • mark-up for recoupment of third-party expenses, 594
  • multiple clients, 482, 487, 500, 512
  • necessary to avoid assisting a fraudulent act, 473, 482
  • reporting possibly illegal activity by adverse party or witness, 589
  • representing both insured and insurer, 156
  • to client of settlement offers, 396
  • to opposing counsel of communications with court, 22
  • when attorney is an elected county commissioner representing a private client before any jutice of the peace, statutory court, or district court in that county, 530
  • when attorney owns finance company, 483
  • when attorney owns medical equipment/facilities clients referred to, 483
  • when attorney settles malpractice claim with client not represented by independent counsel, 593
  • when firm attorney testified as witness, 471
  • workers' compensation case
    • privileged v. non-privileged information, 506
    • representing employee and employer in related mishap, 244
    • when retained by employer, 18
    Division of legal fees. See Fee splitting.
    Divorce
  • conflicting interest, 294, 441, 583
  • contingent fees, 292
  • "kits" provided for self-representation by client, 364
  • mediation of, 583
  • responsibility for preparation of QDRO, 534
  • withholding affirmative defense of condonation, 214
  • withholding information in cases, 33
    Dual employment. See also Advertising; Employment.
  • concurrent practice of law and accounting, 136
  • concurrent practice of law and probation officer, 327
  • concurrent practice of law and elected county commissioner, 530
  • employee leasing arrangements, 508, 560
  • identification in advertisements of, 24
  • joint occupancy of offices, 275
  • multiple clients, 482, 487, 500, 512
  • notice of, in letterheads, 119
  • ownership of abstract company, 196
  • participation in, 92
  • practicing criminal law concurrently with bail bond business, 141
  • real estate transactions, 150, 228, 448, 525
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    Education
  • programs to aid laymen recognize legal problems, 394
  • promotion of, 394
  • newspaper column on taxation, 425
  • seminars for lay public, 489
    Employees of law office
  • conduct compatible with professional obligations, 472, 497
  • division of fees with, 153
  • employment by collection agency which also employs attorney, 401
  • former employee of opposing law firm, 472, 527
  • inclusion on stationery letterhead, 381, 390, 436, 438
  • legal assistants using firm name on business cards, 403
  • names on door signs, 426, 437, 509
  • task delegation- signing of letters by legal assistant, 381
  • testifying as expert witness, 513
    Employment. See also Contract of employment; Corporate law firms; Law firms; Recommendation of professional employment; Solicitation of business; Withdrawal from employment.
  • acceptance after acting as mediator, 496, 583
  • acceptance of appointment as attorney ad litem, 69
  • bartering, 410, 435
  • business/charitable organization requiring use of specific firm, 150, 215, 228
  • by accounting firm, 128
  • by client corporation's controlled business, 469
  • by collection agency which also employs lawyer's assistant, 401
  • by criminal defendant after discharge by criminal complainant, 94
  • by former judicial or public official, 100, 162
  • by insurance company to represent insured and insured's ex-employees, 482
  • by joint venture, 512
  • by organization to render services to members, 476
  • by spouse in divorce after consultation with other spouse, 494, 501
  • child support arrearage matters, 485
  • client already represented, 159, 172, 395
  • contract as basis for refusal to withdraw, 395
  • counseling client to hire all local lawyers, 585
  • disqualification of counsel, 453, 494
  • employee leasing arrangements, 508, 560
  • legislators, 257, 554
  • letter to potential client, 470, 521
  • multiple clients in same legal matter, 482, 487, 500, 512
  • practicing law while serving as judge, 13, 16
  • provision in engagement letter requiring client to pay the defense expenses for the attorney if the attorney is joined as defendant, 581
  • provision in engagement letter requiring client to submit all fee disputes and malpractice claims to binding arbitration, 586
  • restrictive covenants between firm and associate, 422, 459, 466, 501, 546, 590, 656
  • retainer agreements, 27, 231, 391, 409, 431, 444
  • returning client property to client or new counsel, 118
  • salaried employment, 167, 476
  • solicitation by Internet services, 561, 573
  • solicitation (indirect) by strangers in same class, 19
  • submission of bids for, 146
  • substitute counsel, 395
  • warrantless claims or defenses, 271
    Escrow account. See Funds of client; Trust accounts.
    Estates. See also Executors; Wills.
  • conflicts of interest in representing, 66, 74, 158, 269
  • division of fees between executor and estate's lawyer, 301
  • notices of creditors, 221
  • participation in layman-initiated estate planning scheme, 373, 446
  • provision in will naming counsel for estate, 171
  • publishing notices for claims against, 75
  • referrals from lay estate planning business, 373
  • representing former guardian of an estate, 115
  • soliciting the probate of an estate, 280
    Evidence
  • interviewing witnesses, 342
  • suppression of, 193
    Executors. See also Estates; Wills.
  • acceptance of referral fee from executor, 301
  • additionally acting as attorney for estate, 269
  • appointment as independent executor and representation of all devises, 147
  • bank as executor under reciprocal wills, 21
  • client naming lawyer as, 71
  • division of fees between co-executors, 293
    Expenses. See also Fees; Funds of client
  • advances to attorney, 391
  • advances to client, 106, 483
  • attorney borrowing, 465
  • client borrowing, 481
  • contingent fee arrangement for investigative services, 510
  • mark-up for recoupment of third-party expenses, 594
  • requiring client to pay the defense expenses for the attorney if the attorney is joined as defendant, 581
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    Fees. See also Compensation; Expenses.
  • accepting fees for recommending insurance policies to clients, 264
  • acquiring disputed property as security for fee, 449
  • advance payment by client, 391
  • arbitration, 580, 586
  • assignment of insurance policy proceeds in payment of legal fees, 596
  • bartering, 410, 435
  • billing for work done by attorney who is not an associate, partner, or shareholder of the firm, 577
  • billing for work done by non-firm attorney, 577
  • billing for work done by third parties at a marked-up rate, 558
  • borrowing for case expenses from independent lending company and agreeing to pay lender a percentage of the lawyer's contingency fee prohibited, 558, 576
  • borrowing from finance company, 481
  • charged to wholly-owned subsidiary for legal services by corporation's in-house counsel, 531
  • collections
    • acquiring liens to secure, 395
    • disclosure of confidential information incident to sale of delinquent accounts receivable, 464
    • forming and operating corporation for collection of delinquent accounts, 149
    • securing judgment for, in same suit lawyer is representing client, 374
  • compensation when "loaned" to joint venture by employer corporation, 512
  • compensation from bond company for referrals, 351
  • contingent arrangements
    • child support arrearage lawsuit, 485
    • contract with expert witness, 458
    • damage claims subrogated by insured to insurer, 89
    • employee of business entity with contingent fee interest as expert witness, 553
    • fee settlement, 518, 660
    • for investigative services, 510
    • in divorce case, 292
    • in Deceptive Trade Practices-Consumer Protection Act (DTPA) case, 588
  • contingency fee splitting, 546, 568, 588, 592
  • controversy or disputes, 374
  • credit cards used for payment, 349, 582
  • discount or rebate to client corporation, 469
  • employee leasing arrangements, 508
  • fixed fee, 231, 542
  • fixed fee for court-appointed criminal defense attorney based on stage of case upon disposal, 636
  • fixed fee in criminal misdemeanor case, 433
  • fixing of by judge related to attorney, 135
  • for representing spouse, 468
  • forwarding, 238
  • hot checks- turning over to DA for prosecution, 457
  • illegal, 310, 446, 510
  • indigent client, 348, 421, 444, 473
  • interest, 409
  • interest or finance charges of lending institution, 465
  • minimum fee schedules, 311
  • non-refundable retainer, 391
  • payment by lawyers to the federal entity (FSS) that awards the contracts on behalf of the executive branch of the federal government, 562
  • payment by opposing party, 166
  • payment by organization for services provided to members, 178, 446, 476
  • payment by subsidiary to corporation for legal services rendered by corporate legal staff, 531
  • payment to disbarred attorney, 432
  • payment to witness, 510
  • percentage of child support arrearage collected as fee, 485
  • percentage of trust fund paid as fee, 76
  • percentage paid as rent, 467
  • receiver fees, 566
  • recouping expenses from client, 594
  • refusal by attorney to comply with arbitration decision in fee dispute with client, 580
  • retainer agreement, 27, 231, 391, 409, 431, 444
  • retention of portional fee by taxing unit disallowed, 545
  • requiring client to pay the defense expenses for the attorney if the attorney is joined as defendant, 581
  • salaried employment, 167, 476, 490
  • statutory penalties designated as legal fees, 545
  • suing client for fee, 341, 374
  • title insurance premium- percentage of as fee, 408
  • workers' compensation recovery, 549
  • workers' compensation settlement, 310
    Fee splitting. See also Fees.
  • between co-executors, 293
  • between law firm and attorney "of counsel," 450
  • between lawyer and associate regarding a contingent fee, 546
  • between lawyer and client regarding a contingent fee in a DTPA case, 588
  • between lawyer as receiver and parties' lawyers regarding receiver fees, 566
  • between salaried attorney and employer corporation, 490, 497
  • billing for work done by attorney who is not an associate, partner, or shareholder of the firm, 577
  • billing for work done by non-firm attorney, 577
  • compensation from bonding company for referrals, 351
  • executor and estate's lawyer, 301
  • forwarding lawyers, 63
  • public officer and private practitioner, 172, 309
  • ventures outside practice of law, 61, 493
  • with bondsman, 142, 351
  • with court clerk, 1
  • with disbarred lawyer, 568, 592
  • with Federal Supply Service (FSS), an office of the General Services Administration (GSA), an agency of the executive branch of the federal government, 562
  • with finance company, 481
  • with financial planning organization, 446
  • with healthcare provider, 543
  • with independent lending company, 558, 576
  • with insurance company, 264
  • with landlord lending institution, 377
  • with laymen, 63, 153, 178, 231, 493, 510, 558, 576
  • with members of a class, 526
  • with non-profit organization, 503
  • with referral service, 502
  • with suspended lawyer, 568, 592
  • with taxing unit, 545
  • with third-party auditor of insurance company, 552
  • with worker's compensation claimant, 549
    Files of client
  • delivery to client, 395
    Fraudulent conduct
  • disclosure to client, 522
  • disclosure to tribunal to avoid, 473, 499
  • in making of wills, 152
  • verification of false pleadings, 405
    Free legal services. See Fees; Legal aid offices.
    Funds of client. See also Fees; IOLTA; Trust accounts.
  • advance payment of fees/expenses, 391, 594
  • child support arrearage collected, 485
  • commingling of, 245, 444
  • determining nature/ownership, 391, 404
  • funds received but not yet earned, 481
  • general handling of, 391, 444, 596
  • interest on trust accounts, 404, 421
  • refunding of prepaid fees not earned, 391
  • separate trust accounts, 391, 444, 596
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    Garnishment, 86
    Gifts
  • given to solicit business, 316, 623
    Grievances
  • continued representation in appeal when the client has filed pro se motions seeking relief from settlement of the case and grievances against the lawyer, 565
    Group and prepaid legal services, 446, 476
  • group advertising, 591
  • nonprofit associations, 397
    Guardian
  • representing former estate guardian, 115
  • representing minor's legal guardian and minor's father, 314
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    Homestead, 39
    Illegal conduct
  • of adverse party or witness, 589
  • of client, 204, 442
  • of partner, 522
    Impartiality of tribunal. See also Communication; Tribunals.
  • relational influences on judges, 35, 135, 173
    Indigent clients. See also Legal aid offices.
  • ability to pay, 473
  • advertising free advice to, 225
  • conflict of interest within legal aid office, 579
  • decline court appointment, 47
  • fees for defending, 348, 444
  • providing representation, 421
    Insults. See Integrity of the profession.
    Insurance. See also Conflicts of interest.
  • accepting fees for recommending company policies to clients, 264
  • accepting part of title insurance premium as fee, 408
  • assignment of insurance policy proceeds in payment of legal fees, 596
  • conflict of interest- DA's law firm representing surety of fidelity bond, 307
  • conflict of interest- defending workers' compensation claims, 18, 229, 317, 326
  • conflict of interest- law firm hired to represent insured and insured's ex-employees, 482
  • employment by title insurance company, 359
  • gifts to representatives, 316
  • negotiating absent consent of dependent, 297
  • representing insurance company and insured, 21, 156, 260
  • Stowers case, 156, 179, 308
  • subrogation suits, 99, 202, 260
  • workers' compensation settlement and attorney's fees, 310
    Integrity of the profession
  • disrespect to tribunal, 302
  • habitual/intentional violations of the rules of civil procedure, 415
  • insults between attorneys, 20
    Interest
  • acquiring undivided fee simple interest in disputed property, 408
  • attorney owning lending institution, 465, 483
  • attorney retainer agreement providing for, 409
  • from client trust accounts, 404, 421
  • passed on to client, 465
    Intermediaries. See also Legal aid offices.
  • business/charitable organization requiring use of specific firm, 215, 228
  • client providing office for attorney, 231
  • collections - providing letterhead to bank or loan company, 160, 484
  • employment by company on salary basis, 167, 476, 490
  • legal aid departments of unions, 41
  • lending institutions - in loan transactions, 150
  • providing services to joint venture, 512
  • providing services to membership of organization, 178, 346, 446, 476
  • referral from lay estate planning business, 373
  • representing insurer and insured, 21, 160
    Intervention by another attorney, 159
    Interviews
  • of employees of an adverse party, 342
  • with opposing party represented by counsel, 17, 352
  • with potential witness, 17
    Investments by attorney in lending institution, 465
  • by law firm in loan company, 211, 481
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    Judges. See also Tribunal.
  • avoidance of impropriety- kinship or influence, 35, 135, 173
  • campaign contributions to, 328
  • cards, professional, 354,
  • conduct with regard to declaratory judgments, 47
  • conflict of interest- after retirement, 100, 325
  • hospitality to, by individual attorney, 206
  • law partner who is serving before, 173
  • loans to, 256
  • mediator as adjudicatory official, 496
  • name in partnership, 173
  • private practice by
  • public criticism of, 369
    • retired judge, advertising as, 639
      Judgment of lawyer. See Conflicts of interest.
      Jury
    • communications with after trial, 26, 257, 278
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      Knowledge of intended crime, 204
      Labor organization
    • organization's attorney representing city employee member in grievance, 492
      Landsmen, 114
      Law firms. See also Corporate law firms; Employees of Law Firms; Names; Partnership.
    • associates/partners not licensed to practice, 50, 64, 438, 522, 597
    • attorneys sharing office, 259, 509
    • billing for work done by non-firm attorney, 577
    • business/charitable organization requiring use of specific firm, 215, 228
    • cooperative advertising, 591
    • division of fees between law firm and attorney "of counsel," 450
    • duty to disclose partner's falsified qualifications, 522
    • foreign firms opening offices in Texas, 407
    • forming a Texas limited liability company, 486
    • group advertising, 591
    • lease of office space, 377, 467
    • limited liability partnership with non-lawyer professionals, 493
    • meaning of "non-firm lawyer", 577
    • meaning of "other firm lawyer", 577
    • member serving as a prosecuting attorney, 23, 37, 113, 132, 187, 195, 307
    • member serving as judge, 100, 173, 195
    • name, 319, 400, 466, 478, 491, 509, 522, 634, 638
    • non-lawyers as officers or principals in firm, 642
    • offices in multiple cities/states, 64, 319, 597, 638
    • partners representing opposing parties, 59, 103
    • restrictive covenants between firm and associates, 422, 459, 466, 590
    • sale of firm as business, 266
    • tape recording telephone conversations with clients, 482
      Lawyer referral service.
    • advertising by, 205
    • approved only when sponsored by bar, 371
    • establishment by bar group, 205
    • sharing fee with, 502
    • serving university students only,443
      Laymen. See also Unauthorized practice of law.
    • divorce "kits" provided for self-representation by client, 364
    • employee leasing arrangements, 508
    • fee splitting with laymen, 63, 153, 178, 231, 467, 481, 490, 493, 510
    • on staff of district attorney, 144
    • non-Texas attorney practicing immigration/naturalization law, 516
    • participation in layman-initiated estate planning scheme, 373, 446
    • partnership with layman, 186, 493
    • percentage of attorney fees paid as rent, 467
    • programs to aid laymen recognize legal problems, 394
    • referral from, 507
    • referral from lay estate planning business, 373
    • seminar for lay public, 489
      Legal aid offices
    • administering legal aid office established by foreign government, 519
    • effect of conflict of interest within, 579
    • legal aid office as "law firm" 579
    • operated by union,41
    • operated by local bar association, 443
    • use of unclaimed trust funds, 444
      Legal assistant. See Employees of law office.
      Legal opinions
    • preparation for organization of public employees, 412
      Legal publications. See Advertising; Publications.
      Legislators. See also Public office.
    • legal employment of, 162, 257, 554
    • retirement from public employment, 162
    • professional cards/directories, 11, 333
      Lending institutions. See also Banks.
    • attorney borrowing for case expenses, 465, 558, 576
    • attorney owning an interest, 465, 483
    • attorneys as officers or directors, 188
    • client borrowing legal fees from finance corporation, 481
    • investments in, 211, 465
    • referrals to/from, 211, 377, 481, 483, 641
    • representing, 228, 359
    • requesting names of clients, 479
    • requiring loan documentation preparation by particular firm, 150, 228
    • salaried attorney preparing loan documentation, 490
    • use of attorney letterhead for debt collection, 160, 484
      Letterhead. See also Advertising.
    • employee inclusion on stationery letterhead, 381, 390, 436, 438
    • non-associates listed on law firm letterhead, 50, 402
    • notice of dual employment, 119
    • notice of specialization, 52, 77
    • use of attorney letterhead for collection matters, 160, 484
    • use of professional designation of "Dr.", "Doctor", "J.D.", etc., 344, 550
      Loans
    • attorney loans to client, 465, 483, 558
    • attorney borrowing for case expenses, 465
    • loans to client for legal services, 481
    • secured by accounts receivable, 479
    • to judges, 256
      Local government. See also City attorneys; County attorneys; Municipalities
    • aldermen, 82
    • city attorneys, 49, 184, 233, 474, 492
    • city councilmen/commissioners, 197, 382, 474, 497
    • communication with city council, 474
    • county commissioner, 530
    • county commissioner's court, 252
    • county judge, 540
    • dealing with, as opposing party, 233, 474
    • domestic relations office, 441
    • mayors, 272, 382
    • municipal judge, 541
    • part-time city judge/practicing attorney, 429
    • representation of municipality against another municipality that was a former client, 578
    • representing clients before governmental bodies, 65, 274, 492, 551
    • representing clients before justice, statutory county, and district courts, 530
    • zoning boards, 274
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      Marketing. See Advertising.
      Mass Mailings. See also Advertising; Solicitation.
    • attorney's printed brochures, 420
    • direct mail advertising v. solicitation, 414
    • letter to non-potential clients, 507
    • letter to potential clients, 470
    • solicitation of will through mail, 413
      Medical examinations
    • demand/request for physical examination, 139, 229, 235
    • of defendant, ordered by prosecuting attorney, 87
      Minors and incompetents
    • representing legal guardian and minor's father, 314, 511
    • appearing as a"friend of the court" before immigration court for, 628
      Multiple clients. See also Clients; Conflict of interest.
    • duty to withdraw or decline employment, 288, 482, 487, 500
    • joint ventures, 512
      Municipalities. See also Local government.
    • contract of employment with, 58
    • dealing with opposing party, 474
    • employment of attorney by city while acting as general counsel for joint entity of two cities, 633
    • practice of law by public official, 282, 429
    • representation of municipality against another municipality that was a former client, 578
    • representing clients before city boards/councils, 274
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      Names
    • assumed, 324
    • of building, 221, 252, 254, 379
    • of clients confidential, 479
    • of deceased partner, 185, 375
    • of firms, 319, 400, 466, 478, 491, 509, 522, 634
    • of non-profit corporation providing pro-bono legal services including name of non-lawyer, 647
    • of professional designation such as "Dr.", "Doctor", "J.D.", or "Doctor of Jurisprudence", 550
    • pseudonym, 434
    • use of "Group" in cooperative advertising, 591
    • trade names, 398
      Newspapers. See also Advertising; Publications.
    • articles concerning success of particular attorney, 164
    • educating public/writing a column, 425
    • generally, 51, 52, 120, 188, 192, 218, 223
    • letters to, 273
      Nonlawyers. See Laymen.
      Nonprofit association.
    • civic and charitable activities, 25
    • business/charitable organization requiring use of specific firm, 215, 228
    • providing legal services for members, 397
    • sharing fee with, 502, 503
    • use of name of law firm as sponsor on website, 548
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      Of counsel
    • division of fees with law firm, 450
    • non-associates listed on law firm letterhead, 402
    • representing client in suit against partners, 445
      Opinion
    • preparation for organization of public employees, 412
      Opposing party
    • abide by client's decision whether to accept offer of settlement, 557
    • client communications with, 339
    • communications with, 17, 57, 78, 88, 99, 117, 130, 201, 335, 352, 355, 358, 474, 593, 653
    • communications with employees of, 342, 461
    • communications with insurance adjustor of, 297
    • communications with municipalities, 233, 474
    • referencing settlement negotiations/defendant's liability insurance in plaintiff's petition, 337
    • reporting possibly illegal activity by adverse party or witness, 589
    • requests to plaintiff for physical examination, 139, 229, 235, 358
    • taking statements of, 117
    • unrepresented by counsel, 130, 201, 335, 593
    • when the lawyer is a party to the matter, 653
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      Partnership. See also Conflicts of interest; Law firm.
    • accounting firms, 128, 136
    • between member of bar and out-of-state lawyer, 227, 597
    • duty of partner to reject employment, 23, 37, 313, 501
    • duty to disclaim status, 478
    • formation with layman, 186, 493
    • forming Texas limited liability company, 486
    • holding out as, 67, 263
    • joint ventures, 512
    • partners holding judicial/public office, 23, 37, 100, 173, 187, 195, 197, 272
    • prior client when DA was defense counsel, 538
    • restricting lawyer's practice, 466, 590
    • sharing office with nonlawyer business, 270, 493
    • sharing office with non-partner lawyers, 509
    • use of name, 185, 287, 375, 466
    • use of restrictive covenants between firm and associates, 422, 459, 466, 590
      Physical examinations. See Medical examinations.
      Pleadings
    • damage amount pled in petition, 415
    • reference to settlement offers in, 213, 337
    • use of organization name instead of lawyer/firm name in, 663
    • verification of false pleadings, 405
      Political activities. See also Public office.
    • candidacy for public office, 340
    • endorsement of candidates, 145, 304
      Probation officer, 327
      Property
    • attorney lien on client's property, 395, 411
    • homesteads, 39
      Prosecuting attorneys. See also City attorneys; County attorneys; Local government; Public office.
    • as witness in criminal matter, 399, 454
    • conflict resulting from prior private employment, 113
    • continued membership in a firm, 23, 37, 113, 132, 187, 195, 307
    • criminally prosecuting relatives, 32
    • district attorney representation of another attorney in DA's office, 430
    • duty to seek justice, 137
    • eliciting statements of pleas from accused, 137
    • interview of criminal defendant, 226
    • medical examination of defendant, 87
    • obligation to disclose files to criminal defense lawyers may not be predicated on agreement to not     share information with client or agreement to waive court ordered discovery, 646 
    • plaintiff's lawyer assisting in prosecution of same defendant, 455
    • practice by laymen on staff, 144
    • prior conviction where D.A. was defense counsel, 538
    • private practice after retirement, 124, 345, 367
    • private practice by, 109, 143, 183, 312, 332
    • prosecuting husband and wife in domestic relations matter, 441
    • public criticism of judge, 369
    • public facilities/materials used for private practice, 356
    • pursuit of information and evidence, 143
    • requiring that plea agreement contain waiver of post-conviction appeals based on prosecutorial misconduct and ineffective assistance of counsel, 571
    • special prosecutors, 94, 126
    • spouse of assistant district attorney representing criminal defendant, 539
    • threat of additional prosecution to prevent appeal, 365
      Publications.See also Advertising; Newspapers.
    • acknowledging contributions of lawyer in, 110
    • articles in trade publications, 90, 329
    • attorney as subject of news articles, 164
    • emphasizing experience in advertising, 2, 164
    • giving legal advice in, 12
    • law reviews, identifying contributing authors, 212
    • newspaper column, 425
    • offering free legal advice in, 12
    • providing magazine subscriptions to business waiting rooms, 462
    • publication of names of persons charged with driving while intoxicated by district attorney, 631,
      Public defender's office. See Indigent clients; Legal aid office.
      Public employees
    • preparation of opinion for, 412
      Publicity. See Advertising; Communications; Solicitation.
      Public office. See also Advertising; City attorneys; County attorneys; Legislators; Local government; Prosecuting attorneys.
    • advertising special expertise in matters handled while in office, 5
    • announcements of withdrawal from, 14
    • campaigning for, 103, 165, 340
    • city commissioner, 497
    • fee splitting with private practitioner, 172, 309
    • generally, 49, 82, 184, 272, 382, 429
    • practicing law while holding legislative seat, 162
    • prohibition of using title of state senator on professional cards, 11
    • use of public facilities/materials in private practice, 356
      Public prosecutor. See County attorney; Prosecuting attorney.
      Public statements
    • criticism of judge after trial, 369
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      Real estate transactions
    • acquiring undivided fee simple interest in disputed property, 408
    • referral by real estate agent who receives entertainment and small gifts
      • consistent with customary community standards, 623
    • same attorney for both parties, 228, 448, 525
    • security for fee, 449
    • solicitation, 228, 265
    • splitting receiver fees between lawyer/receiver and parties' lawyers, 566
      Reasonable fee. See Fees.
    • amount borrowed by client, 481
      Recommendations of professional employment. See also Advertising; Employment; Lawyer referral service; Solicitation of business.
    • compensation from bond company for referral, 351
    • counseling client to hire all local lawyers, 585
    • discount or rebate for referral, 469
    • exclusive referrals between two attorneys in different practice areas, 629
    • inquiries by claimants of attorney in another town, 18
    • referrals by client corporation, 469
    • referrals by district judge, 207
    • referrals by financial planning organization, 446
    • referrals by general counsel of trade association, 536
    • referrals by health care provider, 524, 543
    • referrals by investment advisor, 536
    • referrals by law firm to medical group, 536
    • referrals by lawyer-owned debt management services company, 643
    • referrals by lay estate planning business, 373
    • referrals by lay persons, 507
    • referrals by organization staff attorney, 476
    • referrals by real estate agent, 623
    • referrals by suspended attorney, 592
    • referrals to/from lending institution, 211, 377, 483
      Restrictive covenants
    • between firm and associates, 422, 459, 466, 546, 590
    • in settlement of lawsuit, 505
      Retainer agreements. See also Fees; Funds of client.
    • generally, 27, 231
    • interest on unpaid balance, 409
    • non-profit organization use of unclaimed client funds, 444
    • non-refundable, 391, 431
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      Sale of law practice as a business, 266
      Self-representation, 364
      Settlement. See also Opposing party.
    • disclosure of offers in pleadings, 213, 396
    • negotiating directly with represented opposing party, 57, 78, 99, 163, 170
    • negotiating directly with unrepresented opposing party, 97, 101, 593
    • of malpractice claim with client not represented by independent counsel, 593
    • relating to barratry, 637
    • restrictive covenant, 505
    • with insurance adjustor without defense attorney, 297
      Signs. See Advertising.
      Solicitation of business. See also Advertising; Communications; Employment; Lawyer referral service; Recommendations of professional employment.
    • accepting fees for recommending insurance policies to clients, 264
    • administering legal aid office established by foreign government, 519
    • advancing funds to client, 106, 230
    • attorney as subject of news articles, 164
    • bartering, 410, 435
    • business/charitable organization requiring use of specific firm, 150, 215, 228
    • business client's referrals to its clients, 215, 228, 300, 469, 623
    • by county attorney, 309
    • by health care provider, 524, 543
    • by judge for a lawyer, 207
    • by lawyer leaving employment with a law firm from a client of the firm for whom the lawyer has rendered legal services, 563
    • by strangers in same class with identical interests, 19
    • charging fees less than minimum fee schedule, 311
    • class-action suit, 376
    • collections, 92
    • communication by association general counsel to association members concerning litigation and proposed employment of outside counsel, 537
    • contacting jurors after trial, 257
    • contacting injured employees by union lawyer, 41
    • coupon book offering free consultation, 452
    • counseling client to hire all local lawyers, 585
    • direct mail advertising v. solicitation, 414, 420, 507
    • direct or indirect, 246
    • discount or rebate for referral, 469
    • display of sizable checks obtained from jury award, 129
    • enclosure with letter to client, 70, 521
    • for friend hoping for professional employment, 265
    • from another lawyer, 161, 181
    • gifts, 316, 623
    • group legal services, 346, 469, 591
    • habitual undercharging for services, 311
    • investments in loan companies, 211, 481
    • landlord, 377
    • lending institutions requiring use of specific lawyer, 150, 228
    • letters by legal aid department of union to injured workers, 41
    • letters to non-potential clients, 507
    • letters to potential clients, 470, 521
    • mailings, 56, 70, 73, 168, 413, 414, 416, 420, 507
    • open house for clients/former clients, 258
    • providing magazine subscriptions to business waiting rooms, 462
    • provisions in will naming counsel for estate, 171
    • public relations agency, 460
    • recognition as financial sponsor on non-profit website, 548
    • restrictive covenant, 505, 590
    • seminar for lay public, 489
    • through informing others of trust rights, 76
    • voluntary representation of convicted person, 240
    • welcome wagon materials, 427
    • wills through the mail, 413
      Specialization. See also Advertising.
    • admiralty, 267
    • patent law, 93, 289
      State's attorney. See County attorney; Prosecuting attorney.
      Suppression of evidence, 193
      Surety. See also Bail bonds.
    • attorney acting as, 46, 140, 251, 347
      Surety company. See also Bail bonds.
    • appointment as attorney in fact for, 248
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      Tax attorneys
    • designation of, 40, 52, 77, 192, 221, 260, 286, 289, 291, 331
    • mailings concerning current matters to clients, 56
    • private practice by county delinquent tax attorney, 281
    • representation of two taxing agencies, 295
      Telephone, 84, 105, 392, 482
    • recording telephone conversations, 514, 575
    • telephone records/attorney-client privilege, 517
      Telephone directory. See Advertising.
      Termination of employment. See Withdrawal from employment.
      Threats
    • in collection letters, 484
    • of additional prosecution to avoid an appeal, 365
      Tribunals. See also Judges.
    • ex parte communications with administrative agency, 587
    • communications prohibited without full disclosure to opposing counsel, 22
    • disrespect to, 302
    • impartiality of tribunal, 35, 135, 173
    • practice of law by court clerks, 1
    • withholding information, 33, 473, 480
      Trust account. See also Fees; Funds of client; IOLTA.
    • advance payment of fees or expenses, 391
    • child support arrearage collected, 485
    • commingling, 245, 444
    • determining nature of ownership, 391, 404, 444
    • funds received but not yet earned, 391, 481
    • generally, 391
    • interest bearing accounts, 404, 421
    • unclaimed funds, 444
      Trust fund, 76
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      Unauthorized practice of law. See also Dual employment.
    • by abstract of title companies, 42, 253
    • collections, 484
    • employee leasing arrangements, 508
    • joint ventures, 512
    • laymen on district attorney's staff, 14
    • non-Texas attorney practicing immigration/naturalization law, 516
    • participation in layman-initiated estate planning scheme, 373, 446
    • preparation of wills by bank trust officer, 177
    • unlicensed attorney, 50, 276, 522, 597
    • unsupervised work of CPA on tax matters, 438
      Veniremen. See Jury.
      Verification
    • of false pleadings, 405
      Wills. See also Estates; Executors.
    • attorney as beneficiary in, 71
    • attorney as executor, 71, 147, 269
    • bank as executor under reciprocal wills, 216
    • client commission of fraud concerning, 204
    • confidences of client with reference to, 55
    • conflicts of interest in dealing with, 36, 47, 182
    • fraudulent conduct by attorney in the making of, 152
    • preparation by bank trust officer, 177
    • provisions in will naming attorney as counsel for estate, 17
    • referrals to draft wills, 446
    • solicitation, 280, 413
    • witnesses to, 360, 439
      Withdrawal from employment. See also Client; Employment.
    • attorney lien on client's property, 395, 411
    • duty to withdraw, 482, 487, 494
    • employment contract as basis for refusal to, 395
    • of law firm hired by insurance company to represent insured, 482
    • returning client property to client or new counsel, 118
    • when client insists on pursuing objective with which lawyer has fundamental disagreement, 557
      Withholding information
    • from tribunal, 33, 473, 480
    • of affirmative defense of condonation, 214
      Witnesses. See also Communications; Opposing party.
    • as attorney for spouse, 468
    • attorney called by opposing party, 475
    • communication with potential witness, 17, 342
    • county/district attorney in criminal case, 226
    • district attorney/former client/impeachment of witness, 538
    • employee of business entity with contingent fee interest in outcome as expert witness, 553
    • interviewing of when represented by counsel, 17, 352
    • law firm employee testifying as expert witness, 513
    • law partner appearing as fact witness, 234, 363, 447, 471
    • law partner appearing as party witness, 368
    • legal services at issue, 9
    • prohibition against, 157, 208, 308, 363
    • wills, 360, 439
      Workers' compensation. 224, 299, 549. See also Conflict of interest; Insurance.
    • conflict of interest- defending workers' compensation claims, 18, 229, 317, 326
    • disclosure when retained by employer, 18
    • letters by legal aid department of union to injured workers, 41
    • negotiating with insurance adjuster without opposing counsel consent, 297
    • privileged v. non-privileged information disclosure, 506
    • representing claimant who is adversary in damage suit, 317
    • representing employee and employer in related mishap, 244
    • representing workers' compensation claimant in a third-party action pursuant to contingent fee; collection of fees based on gross recovery, part of which is required to be paid elsewhere, 549
    • settlement and attorney's fees, 310, 549
      Work sheets, 118
      Writ of habeas corpus, 142