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TEXAS PROFESSIONAL ETHICS OPINIONS

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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. It is now published periodically by the Texas Center for Legal Ethics and Professionalism. The following is an updated index of opinions published through 554 (August 2004). Additional copies of the Ethics Opinions can be ordered from the Texas Center for Legal Ethics and Professionalism (P.O. Box 12487, Austin, TX 78711-2487; phone-512/463-1463 x 2161 or 1-800-204-2222 x 2161). Information on how to submit a question for an opinion should be obtained through the Chief Disciplinary Counsel's Office at 1-877-953-5535. Thank you.

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
    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
    commercial advertisement/funded by client medical professional group, 547
    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
    directories
    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
    Internet site listings prohibited when site obtains information over the internet form potential clients about their legal problems and forwards the information to one or more of the lawyers who have paid to be listed on the site, 561
    invitations to holiday parties, 258
    law firm as sponsor on non-profit entity web-site, 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
    letter to potential client, 470
    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
    sale of law practice, 266
    self-laudation/use of titles 344
    signs
    soliciting by internet, 561
    soliciting employment from a client of law from where lawyers worked and is now leaving, 563
    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 organization's staff attorney, 476
    given to prospective client already represented, 395
    to subscribers of publications, 12
    lawyer to exercise independent professional judgment and render candid advice, 557
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. See also 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
    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
    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
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
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
    misstatement of residence facts, 189
    misstatement of basis for jurisdiction, 499
Chamber of Commerce 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, distribution of fee, 526
    indirect by strangers in same class, 19
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
    district attorney prohibited from prosecuting former clients, 538
    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 criminal defendant in county where lawyer's spouse is an assistant district attorney, 539
    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
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 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
    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
    contact with opposing client, a municipality, 474
    disclosure to court without client consent, 480
    letter to non-potential client, 507
    letter to potential client, 470, 521
    physical examinations, 139, 229, 235, 358
    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
    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 3rd party auditor, 552 client consent for sale of accounts receivable to third party, 464
    disclosure of client information to employees of a collection agency who act as borrowed employees of the law firm in assisting the collection agency in collection of past due receivables, 556 disclosure of confidential matters, 389, 442, 482, 487, 494, 506, 552
    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 including the subject matter of records and documents obtained and reviewed subjects of legal research, and the identity of persons contacted and interviewed, 559
    disclosing to client a conflict as adverse consequences of representation necessary to continue representation when client disagrees with lawyer and has sought advice of malpractice lawyers, 557 name of lawyer's client, 479
    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 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 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 permissible 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 in 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
    employee of business entity that has a contingent fee interest in a case cannot be expert witness in same case, 554
    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
    local governments, 65, 197, 252, 272, 274, 497, 530
    mayor's law partner before city, 272
    mediators, 496
    medical professional's funding law firms 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, 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
    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 and spouse is an assistant district attorney, 539
    representing former guardian of an estate, 115
    representing minor's legal guardian and minor's father, 314
    representing opposing parties, 59, 104, 527
    representing organization membership, 446, 476
    representing spouse, 468
    representing purchaser of real estate from an individual who serves as a director of bank represented by lawyer's firm in unrelated matters, 564

    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
    representation of clients before a city, council, or state court by a currently serving state senator or state representative in the lawyers's legislative district,554
    zoning board membership, 274
Consent of client
    duty to disclose fact to court, 480, 482
    for disclosure of confidences, 193, 464, 482, 487
    for disclosure of confidential information in third party audit, 532
    for disclosure of confidential information in fee arrangement, 481
    prosecution of former client in new criminal proceeding by newly elected DA, 538
    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 private client by a county judge in any justice of the peace statutory county courts and district courts, 540
    representation of private client by elected county commissioner before justice, statutory courts and district courts, 530
    representation of both parties in real estate transaction, 448, 525
    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. 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
    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 or assistant district attorney, 539
    district attorney's former firm representing defendant, 113
    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's prosecution of a defendant/conflicts posed with district attorneys' spouse representing defendant, 539
    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
Damages
    pleading amount in petition, 415
Deceased lawyer. See also Advertising; Names. 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
    "attorney-of-the-day" program, 535
    city attorney representing criminal defendant, 49
    concealment of criminal client, 315, 442
    court appointed counsel may not furnish to court in connection with payment of fees, a detailed description of lawyers's services, including the subject matter of records and documents obtained and reviewed, etc, 559
    decline court appointment, 477
    disclosing criminal history of client, 504
    district attorneys’ 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
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. 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, 539
    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
    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
    when attorney is an elected county commissioner representing a private client in any other justice, statutory county, or district courts in that county, 530
    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
    payment to lender of a percentage of lawyer's contingency fee prohibited, 558
    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
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
    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, 560
    legislators, 257
    letter to potential client, 470, 521
    multiple clients in same legal matter, 482, 510, 500, 512
    practicing law while serving as judge, 13, 16
    restrictive covenants between firm and associate, 422, 459, 466
    501, 546
    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
    solicitation by internet services, 561
    salaried employment, 167, 476
    submission of bids for, 146
    substitute counsel, 395
    warrant less 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, 216
    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
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
    borrowing for case expenses from independent lending company and agreeing to pay lender a percentage of the lawyer's contingency fee prohibited, 558
    charged to wholly-owned subsidiary for legal services by corporations 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
      fee settlement, 518
      for investigative services, 510
      in divorce case, 292
      contingency fee splitting, 546
    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 subsidiary to corporation for legal services rendered by corporate legal staff, 531
    payment by lawyers of one percent of legal fees earned to the federal entity (FSS) which awards the contracts on behalf of the excutive branch of the federal government, 562
    payment by organization for services provided to members, 178, 446, 476
    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
    retainer agreement, 27, 231, 391, 409, 431, 444
    retention of portional fee by taxing and disallowed, 545
    salaried employment, 167, 476, 490
    suing client for fee, 341, 374
    statutory penalties designated as legal fees, 545
    title insurance premium- percentage of as fee, 408
    workers' compensation settlement, 310
    workers' compensation recovery, 549
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 salaried attorney and employer corporation, 490, 497
    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 the Federal Supply Service (FSS), an office of the General Services Administration (GSA), an agency of the executive branch of the United States Government, 562
    with finance company, 481
    with financial planning organization, 446
    with healthcare provider, 543
    with taxing unit, 545
    with third-party auditor of insurance company, 552
    with worker's compensation claimant, 549
    with independent lending company, 558
    with insurance company, 264
    with landlord lending institution, 377
    with laymen, 63, 153, 178, 231, 493, 510, 558
    with members of a class, 526
    with non-profit organization, 503
    with referral service, 502
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
    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
    interest on trust accounts, 404, 421
    refunding of prepaid fees not earned, 391
    separate trust accounts, 391, 444
Garnishment, 86
Gifts
    given to solicit business, 316
Group and prepaid legal services, 446, 476
    nonprofit associations, 397
Guardian
    representing former estate guardian, 115
    representing minor's legal guardian and minor's father,314
Homestead, 39
Illegal conduct 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
    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
    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
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
Judgment of lawyer. See Conflicts of interest. Jury
    communications with after trial, 26, 257, 278
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
    attorneys sharing office, 259, 509
    business/charitable organization requiring use of specific firm, 215, 228
    division of fees between law firm and attorney "of counsel,"450
    foreign firms opening offices in Texas, 407
    forming a Texas limited liability company, 486
    lease of office space, 377, 467
    limited liability partnership with non-lawyer professionals, 493
    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
    partners representing opposing parties, 59, 103
    restrictive covenants between firm and associates, 422, 459, 466
    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
    law firm may lease it's lawyers and nonlawyer personnel from an unaffiliated employee leasing company that leases lawyers and nonlawyers personnel to other law firms, 560
    employee "leasing," 508, 512
Legal aid offices
    operated by union, 41
    operated by local bar association, 443
    use of unclaimed trust funds, 444
    administering legal aid office established by foreign government, 519
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
    retirement from public employment, 162
    professional cards/directories, 11, 333
Lending institutions. See also Banks.
    attorney borrowing for case expenses, 465
    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., 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's court, 252
    county commissioner, 530
    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
    representing clients before governmental bodies, 65, 274, 492, 551
    representing clients before justice, statutory county and district courts, 530
    zoning boards, 274
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
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
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
    representing clients before city boards/councils, 274
Names Newspapers. See also Advertising; Publications. Nonlawyers. See Laymen.
Nonprofit association.
    civic and charitable activities, 255
    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 web-site, 547
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
    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
    requests to plaintiff for physical examination, 139, 229, 235, 358
    taking statements of, 117
    unrepresented by counsel, 13