Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety ofGA-0719
Advertisements by attorneys in bail bond section of telephone yellow pages, permissibility under Bail Bond ActJC-0008
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 membersKP-123
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 communicationGA-0556
Appraisal district's in-house counsel, whether the same person can also alvise the appraisal review board for that districtGA-0556
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 presenceJC-0506
Bail bond executed by attorney for client, sheriff's authority to determine sufficiency of securityDM-0483
Bail bond surety, attorney not licensed as bail bondsman may act as only for clientLO93-063
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 ProcedureJC-0277
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 suretiesGA-0197
Conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her countyJC-0574
Contempt - authority of a committee of the Texas House of Representatives investigating possible impeachment to punish for contemptGA-1057
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 countyGA-0241
County judge, practice of law by in courts of his countyJC-0033
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 appJC-0209
Direct mail solicitation of criminal defendant by attorney, state may not constitutionally prohibitJC-0022
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 toJC-0572
Disciplinary rules, whether private attorneys representing state who pay for advertisements regarding litigation would violateLO96-124
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 functionGA-0831
Executive session of public meeting, advice to governmental body duringJC-0233
Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of DirectorsGA-0995
Harris County Commissioners Court may not authorize attorney staff positions for individual commissioners and sheriffJM-1281
Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for clientJC-0277
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)GA-0755
Non-attorney may not practice law at a special education due process hearing pursuant to subsection 81.101(a) of the Government CodeGA-0936
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 aGA-0936
Nonlawyer employee, supervising lawyer responsible for ensuring that nonlawyer's conduct is compatible with lawyer's professional obligationsGA-0488
Obligation of independent representation, whether "appointment" by agency or association militates againstDM-0354
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 iGA-0275
Practice of law, whether person who creates parole kit engages inLO97-104
Probationary law license, whether Board of Law Examiners may refuse to recommend issuance of to chemically dependent personLO96-088
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 countyGA-0094
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 TexasGA-0995
Trial court's power to appoint attorneys to represent defendant; whether association may be appointedDM-0354
When exempt from licensing by Texas Board of Private Investigators and Private Security AgenciesLO98-005
Fees and Compensation
Amicus attorney, indigent client, private suit affecting parent-child relationshipGA-0489
Appointment of counsel in criminal cases for non-indigent defendantsGA-0884
Attorney ad litem appointed for a parent in termination suit, payment of fees by countyGA-0142
Attorney ad litem, indigent client, private suit affecting parent-child relationshipGA-0489
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 payJC-0495
Chief appraiser's attorney fees, board of directors of appraisal district may reimburse if authorized to do so by statute or under the common lawDM-0488
Commissioners court may employ attorney to defend sheriff in criminal prosecution where county's interest is at stake, but may not reimburse sheriff for attorney's fees after he has incurred them (Overruled to extent inconsistent with Tex. Att'y Gen. Op.LO97-065
Contingent fee contract with law firm, authority of state agency to enter intoLO96-124
County attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorneyKP-130
County may not reimburse private litigants for costs in suit involving county road right-of-wayDM-0133
Court-appointed attorney to represent indigent defendant, county with public defender's office must pay court-ordered fee toLO97-063
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 unitJC-0443
Election contest, county may not reimburse sheriff for legal fees incurred in defendingDM-0431
Evidence of representation and disbursement, Industrial Accident Board may require in workers' compensation casesJM-1147
Guardian ad litem, indigent client, private suit affecting parent-child relationshipGA-0489
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)DM-0107
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 obligationJC-0346
Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorneyJC-0528
Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stakeJC-0047
Reimburse public officer's or employee's legal expenses after that person hired and paid a private attorney to represent him or her in litigation involving performance of official duties, political subdivision may not (Overruled to extent inconsistent with DM-488 (1998))LO90-093
School district employee, school district's authority to pay costs of defending in criminal action (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. DM-488 (1998))LO97-049
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.KP-099
Term "prevailing party," for purposes of recovering attorneys' fees in employment discrimination cases under state law has same meaning as under federal lawJM-1145
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)KP-099
Workers' compensation cases, rule limiting fees to certain percentage of claimant's recovery is unreasonable as a matter of lawJM-1147