Below are the Proposed Ethics Opinions currently open for comment by the public. Each proposed opinion is open for public comment for a period of sixty (60) days. To view or download the complete text of the proposed opinion, click on the icon next to that opinion. To comment on an opinion, you have two options:
1) Click on the comment button next to that opinion and provide your general comments in the web form provided, and then submit it to the committee.
2) If your comments are extensive or you would like to submit a redline document of suggested changes, you may email it in PDF format ONLY to: PECComments@texasbar.com. You must include the opinion number below in the subject line of your email, as well as your name, email, and if you are a member of the State Bar of Texas in the body of the email.
|Proposed Opinion #||Description||Download||Comment Deadline||Comment|
|PO-20-3||1. When a lawyer retained under a contingent fee agreement withdraws from the representation due to a nonconsentable conflict of interest discovered shortly after he filed plaintiff’s lawsuit, is it a violation of the Texas Disciplinary Rules of Professional Conduct for the withdrawing lawyer to refer his client to a lawyer in another law firm and arrange for a division of fees between the withdrawing lawyer and the lawyer to whom the matter is referred?
2. Is it a violation of the Rules for the withdrawing lawyer to reach an agreement with his former client that provides for the withdrawing lawyer to be reimbursed for costs and compensated for attorneys’ fees incurred before the lawyer realized he had a nonconsentable conflict?