Attorneys

School district's contract for legal services, under Texas Supreme Court test, would violate Texas Constitution article III, section 52(a) if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Texas Disciplinary Rules for Professional Conduct, to the extent that circumstances forming the basis for an alleged violation of the, suggest that an expenditure does not comport with the requirements of Texas Constitution article III, section 52(a), a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a)|Whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud.||Article III, section 52(a), whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Article III, section 52(a), Texas Constitution, under Texas Supreme Court test, a school district's contract for legal services would violate if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Article III, section 52(a), to the extent that circumstances forming the basis for an alleged violation of theTexas Disciplinary Rules for Professional Conduct suggest that an expenditure does not comport with the requirements of, a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a).

American Bar Association Model Rule of Professional Conduct 8.4(g) - court would likely conclude that it unconstitutionally restricts freedom of speech, free exercise of religion, and freedom of association for State Bar members

County attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney|Compensation - county attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney

Professional Prosecutors Act, county attorney not subject to may maintain more than one private civil practice office, and may maintain an office in more than one county

Fees of attorney ad litem appointed for a parent under Family Code section 107.013, court may not order Department to pay|Suit to terminate parent-child relationship; payment of fees for parent's attorney ad litem|Attorney ad litem appointed for a parent in termination suit, payment of fees by county

Attorneys, authority of county bail bond board to disqualify an attorney from executing bail bonds under the provision exempting attorneys from general licensing requirement for bail bond sureties|Bail bonds, authority of county bail bond board to disqualify an attorney from executing bail bonds under the provision exempting attorneys from general licensing requirement for bail bond sureties

County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county|County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county

Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney in connection with the attorney|Paralegal licensing under the Private Security Act, an employee who works for an attorney in the practice of law is not engaged in the business or employment of investigating, conduct which is regulated by the Act, but rather is employed by the attorney i

Nonlawyer employee, supervising lawyer responsible for ensuring that nonlawyer's conduct is compatible with lawyer's professional obligations|Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolument|Private attorney who files cases with district clerk does not hold a civil office of emolument and is not barred by article XVI, section 40 from serving as deputy district clerk|Deputy district clerk is not barred by from employment with private attorney who files cases with district clerk|Civil office

Amicus attorney, indigent client, private suit affecting parent-child relationship|Attorney ad litem, indigent client, private suit affecting parent-child relationship|Guardian ad litem, indigent client, private suit affecting parent-child relationship|Compensation of appointed amicus attorney, attorney ad litem, guardian ad litem, private suit affecting parent-child relationship, indigent parents|Appointment, amicus attorney, indigent client, private suit affecting parent-child relationship|Appointment, attorney ad litem, indigent client, private suit affecting parent-child relationship|Appointment, guardian ad litem, indigent client, private suit affecting parent-child relationship|Indigence, compensation of appointed amicus attorney, attorney ad litem, guardian ad litem

Appraisal district's in-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is prohibited ex parte communication|Appraisal district's in-house counsel, whether the same person can also alvise the appraisal review board for that district|In-house counsel who also advises the appraisal review board for that district, whether legal discussions between that person and the appraisal review board is a prohibited ex parte communication|In-house counsel, whether the same attorney may also advise the appriasal review board for that district|Ex parte communications

Acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of|Attorney acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of

Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code; county has no duty to pay under Local Government Code section 157.901; forfeiture funds cannot be used to pay under Code of Criminal Procedure article 59.06(c)(1)|Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901|Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901|Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney\r\n|Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code

District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the El Paso County Code of Ethics when and to the extent they participate in the performance of a county governmental function|County governmental function, the term county public servant in subsection 161.002(8)(C), Local Government Code, includes attorneys at law when participating in the performance of a|Non-attorney staff of a district attorney, because they are not county public servants, are not subject to the El Paso County Code of Ethics|El Paso County Code of Ethics, when and to the extent they participate in the performance of a county governmental function the District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the|El Paso County Code of Ethics, because they are not county public servants, the non-attorney staff of a district attorney, because they are not county public servants, are not subject to the

Appointment of counsel in criminal cases for non-indigent defendants

Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code a non-attorney may not practice law at a|Non-attorney may not practice law at a special education due process hearing pursuant to subsection 81.101(a) of the Government Code|Non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a Texas Education Agency rule that allows a|Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code, a non-attorney may not practice law at a|An agency rule that allows a non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a

State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court\\'s regulation of the practice of law in Texas|Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of Directors|Government Code subsection 81.019(c) is not an exception to State Bar of Texas election rules or its Board\\'s policies, but rather is a specific legislative requirement as to what the \\"election rules must permit\\"|Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar election rules and Board policies|Enforceability of sections 2.01.04 and 2.01.05 of Texas State Bar Board of Director\\'s Policy Manual relating to Board eligibility requirements|Sitting members of Texas State Bar Board of Directors are precluded from being nominated for president-elect under Board policy|Texas State Bar rule article IV, section 11(B) does not prohibit sitting Board members from being nominated for president-elect by petition|To the extent that Texas State Bar Board of Directors\\' policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State Bar|State Bar of Texas board of directors is the governing and policy-making body within the State Bar. To the extent that State Bar board of directors policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar

Contempt - authority of a committee of the Texas House of Representatives that is investigating a possible impeachment to punish for contempt|Contempt - authority of a committee of the Texas House of Representatives investigating possible impeachment to punish for contempt

Hospital district not authorized to reimburse employee for legal expenses (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Representation of defendant in criminal case, district and county attorneys precluded from (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Legal counsel, hospital district may employ to represent district and, if interest of district is at stake, its officers and employees (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)

Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-way|County may not reimburse private litigants for costs in suit involving county road right-of-way

Death penalty habeas corpus actions, court's power to appoint counsel in|Appointment of attorneys in death penalty habeas corpus actions, court's authority|Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure|Obligation of independent representation, whether "appointment" by agency or association militates against|Trial court's power to appoint attorneys to represent defendant; whether association may be appointed|Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay

Election contest, county may not reimburse sheriff for legal fees incurred in defending|Contested election, county may not reimburse sheriff for legal fees

Sheriff's authority to determine sufficiency of security of bond executed by attorney for client|Sheriff's authority to require individual surety to post collateral|Bail bond executed by attorney for client, sheriff's authority to determine sufficiency of security|Bail bonds, sheriff's authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral|Bail bonds, authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral

Attorney fees, common law authorizes governmental body to reimburse officer's or employee's in certain circumstances|Chief appraiser's attorney fees, board of directors of appraisal district may reimburse if authorized to do so by statute or under the common law|Chief appraiser prosecuted for alleged failure to notify landowners of change of use, appraisal district may reimburse attorney fees under common law if board makes certain determinations|Attorney fees of chief appraiser prosecuted for alleged failure to notify landowners of change of use, district may reimburse under common law if board makes certain determinations

Attorney advertisements in bail bond section of telephone yellow pages, permissibility under Bail Bond Act|Bail bond board authority to regulate advertising by attorneys not licensed as bondsmen who write bail bonds for clients|Advertisements by attorneys in bail bond section of telephone yellow pages, permissibility under Bail Bond Act

Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibit|Penal Code provision prohibiting attorney from sending direct mail solicitation to criminal defendant within thirty days of his arrest contravenes First Amendment

County judge, practice of law by in courts of his county|Practice of law by county judge in courts of his county

Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stake|Legal fees of district judge, county may pay if county interests are at stake|District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney General

County juvenile board is authorized to retain counsel to represent it in action filed against it by commissioners court and to pay attorney's fees from funds in juvenile probation department account in the county treasury without commissioners court's app|County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees for

Executive session of public meeting, advice to governmental body during|Proposed contract, governmental body may hold executive session to receive advice from its attorney on legal issues raised by, but may not engage in general policy discussion of non-legal matters merely because attorney is present|Executive session meeting of Commissioners of Port of Beaumont Navigation District to receive legal advice from its attorney on proposed contract may not include discussion of non-legal matters

Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for client|Attorney acting as surety for a client in municipal court, judge must require evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, a municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure

Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligation|Income withholding, statute constitutionally may permit court to include attorney's fees in income-withholding order if fees necessarily incurred to enforce existing child support obligation|Common meaning, we must construe words used consistently with their|Income withholding order, statute may permit court to include attorney's fees, court costs, and other costs necessarily incurred to enforce existing child support order

Delinquent taxes, attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to taxing unit|Donations, statutory authority of county to accept|Attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to county|Delinquent taxes, attorney who contracts to collect under section 6.30 of Tax Code may not donate part of compensation under section 33.07 of Tax Code to taxing unit

Attorney's fees in action to revoke nursing home's license, State Office of Administrative Hearings has no authority to order Department of Human Services to pay|Attorney's fees, the State Office of Administrative Hearings has no authority to require Department to pay in action to revoke nursing home's license|Attorney's fees, State Office of Administrative Hearings has no authority to order Department of Human Services to pay in action to revoke nursing home's license|Expenses of discovery|Include

Commissioners court's closed meeting, auditor's presence does not violate Open Meetings Act if commissioners court has determined that auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessa|Closed meeting, under Open Meetings Act a commissioners court may allow county auditor to attend if auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessary to anticipated discussion, but c|Attorney-client privilege, court may find that privilege does not apply to communications between commissioners court and its attorney that occurred in county auditor's presence|Closed meeting, consistently with Open Meetings Act a commissioners court may allow county auditor to attend if it determines that auditor's interests are not adverse to county's and that auditor's presence is necessary to anticipated discussion, although

Legal fees|Pay|Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorney

Attorney disciplinary rule prohibiting contact with person represented by counsel, commission rule requiring insurance carrier to send copies of written communications to both claimants and their attorneys creates an exception to|Disciplinary rule prohibiting attorney from contacting person represented by counsel, Workers' Compensation Commission rule requiring insurance carrier to send copies of written communications to both claimants and their attorneys creates an exception to

Conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county|Attorney conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county

Prevailing party|Term "prevailing party," for purposes of recovering attorneys' fees in employment discrimination cases under state law has same meaning as under federal law because state law was modeled upon federal law|Term "prevailing party," for purposes of recovering attorneys' fees in employment discrimination cases under state law has same meaning as under federal law

Workers' compensation cases, rule limiting fees to certain percentage of claimant's recovery is unreasonable as a matter of law|Evidence of representation and disbursement, Industrial Accident Board may require in workers' compensation cases|Attorney's fees, rule limiting to certain percentage of claimant's recovery is unreasonable as a matter of law|Evidence of representation and disbursement of attorney's fees, Industrial Accident Board may require|Attorney's fees in workers' compensation cases, rule limiting to certain percentage of claimant's recovery is unreasonable as a matter of law|Evidence of representation and disbursement of attorney's fees, Board may require in workers' compensation cases

Special counsel to advise individual Harris County commissioners and sheriff on legal matters must be selected by county attorney|Harris County Commissioners Court may not authorize attorney staff positions for individual commissioners and sheriff|Attorneys, Harris County Commissioners Court may not authorize employment of any individual commissioner or by sheriff