This
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. The following is an updated index
of opinions published to date and is current through
Opinion 526 (May 1998).
A
B C
D E
F G
H
I J
K L
M N
O
P Q
R S
T U
V
W X
Y Z
Abstract of title companies,
42, 79,
196
review of abstract of title,
81
unauthorized practice of law,
42, 253
Accounts, client trust.
Seealso Funds of client
Accounts Receivable
collection agency hired to collect
accounts receivable, 495
loan secured by, 479
sale of accounts receivable to third
party factoring company,
464
Administrative agencies
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
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
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
Chamber of Commerce,
237, 277
church, 303
city, 138,
277, 289
generally, 321,
333
law lists, 83,
416
Martindale-Hubbell,
64, 428
rural and suburban,
80
telephone, 6,
30, 62,
107, 122,
127, 154,
155, 185,
190, 191,
200,
241, 289,
338, 361,
386
display of degrees,350
dual employment or profession,
24, 119,
186, 249,
290
emblems displaying acceptance
of credit cards, 349
endorsement of candidates for
office, 145,
304
entertainment or sports programs,
165,224
envelopes, 175
free legal advice
to indigent/needy, 225
to subscribers of publications, 12
holiday cards or greetings, 168,
210, 322,
372
invitations to holiday parties,
258
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
generally, 11,
54, 60,
68, 72,
77, 85,
98, 192,
199, 209,
268, 306,
354, 403,
438, 440
printed phrases on, 3,
54
publication of, 68,
96, 169
promotion of educational programs,394,
489
public relation agency, 460
referral service, 205
sale of law practice, 266
self-laudation/use of titles
344
signs
for locating office, 282
in autobody repair shop, 456
information on, 133,
285, 509
joint occupants, 142,
196, 282
neon, 38, 44,
357
placard, 383,
385
soliciting by mail, 8,
470, 507
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
free to indigent, 225
given to opposite party, 130,
201
given to organization member
by rganization's staff attorney, 476
given to prospective client already
represented, 395
negligent or incorrect
legal advice, duty to disclose, 523
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 Recommendation of professional employment;
Solicitation of business.
Announcements.
See Advertising.
Appeals. See
also Convicted defendants attorney in firm
testified as fact witness, 471
threat of additional prosecution,
365
Associates.
See Corporate law firms; Law firms; Partnerships.
Assumed name.
See Name.
Attorney-client privilege.
Seealso Clients; Confidences of client.
avoid assisting fraudulent act,
473,482,
504
client withholding evidence of
crime, 193
collection agency, 495
contracts, 203
employee leasing arrangements,
508
ethical duty and evidentiary
rule, 389
exceptions
crime, 204
as defense of wrongful conduct accusations, 9
hiring a collection agency, 495
multiple clients, 482,
487, 500
past crime of client, 353
protection of secrets following
termination of employment, 389,
501
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
Attorney liens,
395, 411
Back to Top
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
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
Back to Top
Campaign
contributions, 328
Candor. See
also Communications.
advising to seek counsel, 18,
470
communications with opposing
party, 88,337
correcting mistaken impression
of fact, 504
false information regarding
attorneyqualifications,521
misstatement of residence
facts, 189
misstatement of basis for jurisdiction,
499
Chamber of Commerce
directories, 237,
277
membership in, 237
City attorneys.
See also Local government; Public
office.
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
indirect by strangers
in same class, 19
distributing court awarded
attorneys' fees to represented class members, 526
Client files,
395, 411
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
committing criminal or fraudulent
act, 482
concealment of criminal client,
315, 442
conflict of interest between
multiple clients, 482,
487, 500
disagreement between two clients,
288
dual representation disclosure,
525
employment by membership organization,
476
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 of members of
non-profit association, 397
representation of spouse, 468
returning client property to
client or new counsel, 118
right to be represented by lawyer
of choice, 475,
482, 492
Collection of fees.
See Fees.
Collections,
92
employment of attorney and legal
assistant, 401
hiring collection agency, 495
lawyers ownership of collection
agency, 417
letters, 160,
279, 380,
484
Communications.
See also Candor; Judges; Jury; Opposing party.
between actual parties concerning
controversy, 339
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
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 potential client, 470,
communication for purpose of soliciting business,
521
nonpersonalized letter and videotape,
521
physical examinations,
139, 229,
235, 358
with jurors, 26,
257, 278
Compensation.
See also Fees; Fee splitting.
as attorney for estate when acting
as executor, 269
for recommendation of insurance
plans to clients, 264
for legal services provided to
joint venture, 512
from referrals to bonding company,
351
from third parties, 166
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
Confidences of client.
See also Attorney-client privilege; Clients.
client consent for sale of accounts
receivable to third party, 464
disclosure of confidential matters,
389, 442,
482, 487,494,
506
disclosure scope in federal investigations,
105
disclosure to avoid fraud, 473,
482
disclosure of client information
to collection agency, 495
dual representation disclosure,
525
non-lawyer employee from opposing
law firm, 472
privileged and unprivileged information,
479, 506
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 lending
institution, 465,
483
attorneys sharing office, 259
avoiding potential, 111,
441, 445,
453
bank holding company problem,
423
breach of contract suits, 176
city attorney representing criminal
defendant, 49
city attorney or attorney of
choice representing city employee, 492
city commissioner, 497
collection agency, lawyer ownership
and representation, 417
consultation with both spouses
in divorce matter, 494
county attorney- law partners,
37, 187,
243, 318,
323, 419
county attorneys, 23,
296, 441
DA's former law firm representing
defendant, 113
DA's law firm representing surety
in suit brought by county attorney, 307
disagreement between two clients,
288
divorce cases, 294,
441,
501
dual representation disclosure,
525
employee leasing arrangements,
508
employment as bank trust officer,
262
employment of opposing firm's
non-lawyer employee, 472
former firm, use of name, 466,
491
garnishment, 86
joint ventures, 512
judiciary,
1, 173,
325, 429
insurance, Stower's case, 308
insurer and insured, 21,
89, 99,
156, 179,
260, 359,
482
local governments, 65,
197, 252,
272, 274,
497
mayor's law partner before city,
272
mediators, 496
multiple clients, 482,
487, 500,
512
"of counsel" representing client
in suit against partners, 445
opposing party, 34
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
recommending insurance company
policies for split of fees, 264
referrals to/from landlord lending
institution, 377
representing both parties in
negligence tort case, 43
representing criminal defendant
after discharge by criminal complainant, 94
representing former guardian
of an estate, 115
representing minor's legal guardian
and minor's father, 314
representing opposing parties,
59, 104
representing organization membership,
446, 476
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
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
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
representation of both parties
in real estate transaction, 448
representation of joint venture,
512
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
restricting lawyer's practice,
466
with municipalities, 58
Convicted defendants
voluntary representation to show unjust
conviction, 240
Corporate law firms.
Seealso 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
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
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
district attorney's former firm
representing defendant, 113
district attorney representation
of another attorney in DA's office, 430
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
Back to Top
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
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
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
Degrees
display of, 350
in letters or brochures, 470
nonlegal in lawyer ads, 418
use of titles "Doctor," "Dr."
and "J.D.," 344
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.Seealso
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 fact
to court, 442,
480, 482,
499
for disclosure of confidences,
193, 464,
482, 487,
504
for disclosure of confidential
information in fee arrangement, 481
law firms duty to disclose
member partner's falsified qualifications, 522
employee leasing arrangements,
508
multiple clients, 482,
487, 500,
512
necessary to avoid assisting
a fraudulent act, 473,
482
representing both insured and
insurer, 156
to client of settlement offers,
396
to opposing counsel of communications
with court,22
when attorney owns finance company,
483
when attorney owns medical equipment/facilities
clients referred to, 483
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
contingent fees, 292
"kits" provided for self-representation
by client, 364
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
disclosure of, 525
employee leasing arrangements,
508
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
Back to Top
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
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
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
disqualification of counsel,
453, 494
employee leasing arrangements,
508
legislators, 257
letter to potential client, 470
multiple clients in same legal
matter, 482,
487, 500,
512
practicing law while serving
as judge, 13,
16
restrictive covenants between
firm and associate, 422,
459, 466
retainer agreements, 27,
231, 391,
409, 431,
444
returning client property to
client or new counsel, 118
solicitation (indirect) by strangers
in same class, 19
salaried employment, 167,
476
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
Back to Top
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
bartering, 410,
435
borrowing from finance company,
481
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
fee settlement, 518
for investigative services, 510
in divorce case, 292
contingency fee settlement, 518
controversy or disputes, 374
credit cards used for payment,
349
discount or rebate to client
corporation, 469
employee leasing arrangements,
508
fixed fee, 231
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 opposing party, 166
payment by organization for services
provided to members, 178,
446, 476
payment to disbarred attorney,
432 |
