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. The following is an updated index of opinions published to date and is current through Opinion 629 (May 2013).

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
    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
            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
    group advertising, 591
    holiday cards or greetings, 168, 210, 322, 372
    Internet referral services, 561, 573
    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
                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 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
    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 an independent contractor, such as
             a copy service, hired by attorney in furtherance of the attorney's representation
             of the client, 572
    employee leasing arrangements, 508
    ethical duty and evidentiary rule, 389
    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
    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

Attorney liens, 395, 411

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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

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

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Campaign contributions, 328

Candor. See also Communications.
    advising to seek counsel, 18, 470
    communications with opposing party, 88, 337, 593
    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

Client files, 395, 411, 570

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
    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
    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 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 potential client, 470, 521
    nonpersonalized letter and videotape, 521
    physical examinations, 139, 229, 235, 358
    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
    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
    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
    privileged 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
    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
    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
    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
    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 former guardian of an estate, 115
    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
    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
    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
            for investigative services, 510
            in divorce case, 292
            in Deceptive Trade Practices-Consumer Protection Act (DTPA) case, 588
    contingency fee settlement, 518
    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 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

IOLTA, 421

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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
            county judges, 13, 45, 151, 183, 220, 540
            disqualification, 173
            district judges, 207
            justice of the peace, 16, 125
            municipal judges, 108, 116, 429, 451, 541
    public criticism of, 369

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
    offices in multiple cities/states, 64, 319, 597
    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

Lease agreements, 377, 467, 560
    employee "leasing", 508, 512, 560

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
    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

Liens, 395, 408
    court clerks, 411

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.
    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

Mediators, 496, 583

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

Misrepresentation, 189, 522

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
    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
    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
    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

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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
    verification of false pleadings, 405

Political activities. See also Public office.
    candidacy for public office, 340
    endorsement of candidates, 145, 304

Power of attorney, 53, 330, 485

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
    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

Public relations agency, 460

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 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

Reporting misconduct.
    attorney's duty, 520, 523, 534, 589

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
    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

Trade names, 398, 529, 591

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

Unjustifiable litigation, 271

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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

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Last Revised:
July 26, 2013