Oklahoma Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Oklahoma Bar Association, with full citations and source links on every page.
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May a lawyer run a professional card in a newspaper, and is he responsible if the paper prints it without his consent?
No. The committee concluded a lawyer's professional card in a newspaper is improper indirect advertising under Canon 27; the lawyer must ask the publisher to remove it, and the absence of his name fro…
Is it unethical for a lawyer to pose for a newspaper photo published with a story about a large judgment he won?
Yes, if the lawyer procured the picture's use. The committee concluded that posing for a published photo tied to a case the lawyer handled is improper indirect advertising under Canon 27, though a law…
May a lawyer call himself a 'tax attorney' or 'corporation lawyer' on his letterhead or shingle, or let a civic club list him that way in its roster?
No on the letterhead, office door, or shingle: designating a special branch is indirect advertising barred by Canon 27. But a civic club may list him by occupational branch in its members' roster, as …
May a lawyer mail a monthly printed tax-tips leaflet to his clients and to other persons?
A lawyer may advise his regular clients of new statutes, decisions, and rulings affecting their interests, but not other persons. The committee found this particular leaflet too general and an indirec…
May a lawyer display a 'LEX' or Blind Justice automobile license tag ornament like those some doctors use?
No. The committee concluded such an insignia is improper indirect advertising under Canon 27, because it would advertise that the person is a lawyer.
May an attorney be listed in a civic organization's business directory, and may he write and sign a foreword urging members to patronize one another?
The listing itself is proper, but the committee concluded an attorney may not prepare or sign a foreword urging members to patronize each other, and may not even let his name appear on a roster whose …
May a newly admitted lawyer run a newspaper announcement that he has started practicing law?
No. The committee concluded that publishing such a card or announcement in a newspaper violates Canon 27; the customary use of simple professional cards permitted by the canon does not extend to newsp…
What reinstatement announcements may a previously suspended lawyer send, and to whom?
The committee concluded a simple announcement giving the lawyer's name, address, phone, and a short statement resuming practice is proper, and may go to those with whom the lawyer has genuine personal…
May a lawyer or law firm run an advertised insurance and real estate business out of the same offices where they practice law?
No. The committee concluded that conducting an advertised insurance and real estate business from the law offices violates Canon 27 as indirect solicitation of professional employment, even if the ads…
May a lawyer advertise income tax return preparation in a newspaper if the ad omits that he is a lawyer?
No. The committee concluded such a notice violates Canon 27 as indirect solicitation of professional employment, even though the ad omits the lawyer's name or status, adopting ABA Opinion 234.
May a county bar association run newspaper ads urging the public to use a lawyer to prepare their legal papers?
Yes. The committee concluded such institutional, educational advertising by the organized bar does not violate the Canons, adopting ABA Opinion 179's conditions, provided it teaches the value of preve…
May a lawyer running for public office state on campaign cards that he is a lawyer and describe his qualifications for the office?
Yes. The committee concluded campaign cards setting forth a candidate's qualifications, including legal training, are not unethical, on the presumption that the candidate genuinely seeks the office, p…
May a law firm's letterhead advertise that its members are former public officials, such as an ex-judge or ex-U.S. Commissioner?
No. The committee concluded that a letterhead calling attention to members being ex-officeholders was self-laudation and indirect advertising that violated Canon 27.
Is it a breach of legal ethics for a lawyer to run a professional card in a newspaper announcing the lawyer's name, practice, and office hours?
The committee concluded yes. A professional card placed in a newspaper and paid for by the lawyer was treated as solicitation of business by advertising, condemned under the Canons of Professional Eth…
May a surviving partner keep using a firm name that includes a deceased partner's name?
The Committee concluded the continued use is not unethical in itself where local custom permits it, but it is improper where the firm name would mislead by representing that the deceased is still a me…
May a lawyer pay to publish his photograph, identified with his name and profession, in a newspaper or magazine?
The Committee concluded that a lawyer's paying, in whole or part, to publish his photograph identified with his name and vocation is solicitation by advertising and is condemned under the Canons.
May a tax lawyer mail his regular clients letters or cards setting appointment dates to gather information for their income-tax returns?
The Committee concluded there is no impropriety so long as the notices go only to clients he already regularly serves, observe the rule against solicitation, and are sent in a sealed letter rather tha…
May a practicing attorney also run an insurance agency, and how must he advertise it?
The Committee concluded he may, provided the two businesses are kept separate so neither is used to procure business for the other, and he does not advertise himself as an attorney in connection with …
May a practicing lawyer who also works as an insurance claims adjuster advertise his adjuster services by pamphlet to insurance companies?
By majority, the Committee concluded the advertising would not be proper, because the two callings are so closely affiliated that soliciting adjuster business could readily become solicitation of law …
May a law firm let its name appear on an automobile association's law list of recommended attorneys for the association's insureds to use in litigation?
The Committee concluded the listing would not be proper. Canon 27 precluded it, the ABA had not approved the particular law list, and prior Oklahoma opinions had decided similar questions the same way…
May a lawyer write signed newspaper articles commenting on appellate decisions and how they affect the public, and may he comment before the decision is final?
The Board concluded he may write such articles, under his own name, if they make no offer to advise and avoid any implication of advertising; but he may not comment on a decision until it is final, be…
Can a lawyer keep a card in a city directory if he trims it to just his name and 'Attorney and Counsellor at Law'?
No. The Board concluded that even a pared-down card in a city directory violates Rules 29 and 45, because a city directory whose circulation is not confined to lawyers is not a reputable law list or d…
Can a lawyer mail other lawyers postcards advertising his brief-writing service?
No. The Board concluded that mailing postcards to lawyers soliciting brief-writing work is improper; a notice of a specialized service for lawyers may appear only in approved law lists or directories,…
Can a lawyer list his name in bold or distinctive type in a telephone directory?
No. The Board concluded that listing a lawyer's name in bold-faced type in a telephone directory is a form of advertising interdicted by Rule 29; an ordinary listing in the same style as other lawyers…
Can a lawyer run a professional card listing his specialties in a city directory aimed at the public?
No. The Board concluded that a card noting special branches of practice may go only in a reputable law list circulated among lawyers, not in a city directory aimed at the public; the directory card wa…
Can a lawyer accept collection business from a lay collection agency or unapproved law list, whether or not he shares the fee with it?
No. The Board concluded that handling collections funneled by lay agencies or unapproved law lists violates Rules 36, 37, 29, 45 and 31, both as improper fee-sharing and as touting, even when the lawy…
Can a lawyer who spots a newly filed suit send the defendant a copy of the petition and offer his services before the defendant is served?
No, where no relationship exists; the Board concluded it is prohibited solicitation under Rule 29. A lawyer on a general retainer with the defendant may forward the petition as a courtesy, but one onl…
Can a law firm list an 'Insurance Adjustment Department' and the names of non-lawyer adjusters on its letterhead?
A firm may note an insurance-adjustment department with a bar member's name, since claim adjustment is professional employment; but listing non-lawyer adjusters' names on the letterhead is objectionab…
What must a lawyer do when his name keeps appearing in law lists that the bar has not approved as reputable?
He must promptly act to discontinue the listing; under amended Rule 45 a lawyer who permits his card to continue in an unapproved publication after notice is guilty of unprofessional conduct, and unap…
Can a lawyer start an insurance-adjusting business and mail cards to insurance companies announcing the service?
If the lawyer adjusts claims, mailing such cards is prohibited solicitation under Rule 29; even a pure fact-investigation business raises concern when it can become a cloak for indirect solicitation o…
Could a lawyer write a magazine article on the law under his own name and note that he is a member of the bar?
Yes. The Board concluded a lawyer may properly write an article giving information on the law, here on wills, and may let his name appear as author with a reference to his bar membership, so long as h…
Could a lawyer have a professional card published in a newspaper, even free of charge, without violating the ethics rules?
The Board concluded no. Under amended Rule 29, a lawyer's card could be published only in an approved law list or directory; publishing cards in newspapers, with or without charge, was prohibited.
Could a lawyer pay to run a card stating he specializes in insurance litigation in a weekly insurance trade magazine that endorses him to its readers?
No. The Board concluded that a card in a weekly insurance trade magazine circulating among insurance salesmen and claim men was unethical, because the magazine is not a reputable law list and circulat…
Could an Oklahoma lawyer be listed in a law list that bonds its out-of-state listees if his Oklahoma listing was put in a separate, unbonded section?
No. The Board concluded that a list guaranteeing the fidelity of any of its listees through bond is not reputable, so an Oklahoma lawyer could not be listed in it even if the Oklahoma listees were car…
Could lawyers let their business cards run in a newspaper column promoting professional firms to the public?
The Board concluded no. Causing the insertion of lawyer cards in such a newspaper column, or permitting their continued publication, was improper solicitation of business by advertisement under Rule 2…
Under the amended law-list rule, what makes a law list reputable, what may a lawyer's card contain, and must the list get written client consent before listing references?
The Board read amended Rule 45 to mean a reputable law list is one maintained as the subscribers' own instrumentality that serves the profession with fidelity; the card may contain only the enumerated…
Could a lawyer pay to place his card in a legal directory that the publisher distributes to laypeople and businesses likely to need a lawyer?
No. The Board concluded a lawyer who knowingly subscribes to a directory circulated among prospective lay clients is guilty of unprofessional conduct, because such a list solicits business for its law…
Could a lawyer have his name placed in a law list that guarantees the fidelity of the listed lawyers through a bond?
No. The Board concluded a lawyer could not properly be listed in a law list that bonds or guarantees its listees' fidelity, because a lawyer may not insure his own fidelity by bond, and a list that do…
Could a lawyer pay a newspaper to publish his photograph and name, labeled as an attorney, in a special anniversary edition?
No. The Board concluded a lawyer could not pay to have his photograph and name, with a designation such as 'lawyer' or 'attorney at law,' published in a newspaper's anniversary edition; the practice w…
Could a lawyer mail form letters soliciting taxpayers to hire him for tax-refund claims if the letters never mention that he is an attorney and say no law practice is involved?
The Board concluded no. Mailing the form letters to obtain taxpayers' refund business was solicitation of law practice prohibited by Rule 29, and it made no difference that the letters did not identif…
Could a lawyer also work as an abstracter, holding out to the public and practicing both callings at the same time?
The Board did not flatly forbid it but concluded, following its prior opinions, that a lawyer who simultaneously practiced law and ran a lay abstracting business would undoubtedly be under suspicion o…
Can a lawyer state a specialty like 'prosecute and defend damage suits' on his office door or professional card?
The Board concluded the rules do not preclude specializing, and that while Rule 45 allows a simple card to state a special branch of practice, the wording 'prosecute and defend damage suits' savored o…
Can a lawyer run a business card listing practice areas and a specialty in the classified section of a telephone directory or newspaper?
The Board concluded both placements violated Rule 29: telephone directories are not within the law-list exception, and no Oklahoma local custom sanctioned such business cards in newspaper advertising …
Can a lawyer write a newspaper column explaining the law, such as new city ordinances, under his own name and without pay?
The Board concluded yes. Writing articles giving information on the law is permitted under Rule 42 and is not advertising under Rule 29, so long as the lawyer does not accept employment to advise indi…
Can a law firm add a salaried lawyer's name to the firm name and hold him out as a partner when he is only an employee?
The Board of Governors concluded no. Holding a salaried employee out as a full partner misrepresents his standing to the public and violates Rule 34 (formerly ABA Canon 32).
Is a newspaper card reading 'General Practice - Fair Treatment' improper solicitation, and is a notice of change of address?
The Board concluded the card is barred solicitation under Rule 29; the phrase 'Fair Treatment' distinguished it from a permissible professional card. A mere notice of removal, by contrast, is not soli…
Is a lawyer's enlarged or multi-heading telephone-directory listing improper advertising, and does a lay insurance adjuster who tries workers' compensation cases practice law?
The Board concluded both are improper. A paid directory listing in distinctive type or under multiple headings is advertising barred by Rule 29, and a lay insurance representative who tries cases befo…
Can a lawyer mail postcards to other lawyers across the state advertising that he writes briefs and will appear in any court?
The Board of Governors concluded no. Soliciting business by circular or advertisement not warranted by personal relations violated Rule 29, and there was no distinction between soliciting the public a…
Can a trust company solicit will business by mail, and what is the position of its lawyer trust officer who takes part in the plan?
The Board of Governors concluded that if the trust company drafts wills or advises on them, it engages in the unauthorized practice of law, and the lawyer trust officer who participates is a party to …
Can a lawyer pay to have his photograph and biographical description published in a newspaper feature?
The Board of Governors concluded no. Adopting ABA Opinion 43, it held that a lawyer's paid-for photograph with his name, address, and vocation was solicitation of business by advertising condemned und…
Can a lawyer who runs a collection service mail circular letters to merchants' associations soliciting accounts to collect?
The Board of Governors concluded no. Mailing such solicitation letters was solicitation of business by circular not warranted by professional relations under Rule 29, and using a collection-service ag…
Can a lawyer advertise or mail circulars to other lawyers offering to research and write briefs for them for a fee?
The Board of Governors concluded no. Soliciting business by circular or advertisement not warranted by personal relations was unprofessional under Rule 29, so a lawyer who advertised brief-writing ser…
Can a corporation set up an in-house legal department and advertise legal services to the public by employing licensed lawyers to do the work?
The Board of Governors concluded no. A corporation that furnishes legal services to its customers through employed lawyers is engaged in the unauthorized practice of law in violation of Section 48 of …
May a bar association operate a lawyer referral service, and may it advertise that service to the public without violating the rules against advertising and stirring up litigation?
Yes, within limits. The committee concluded that a bar association may sponsor a lawyer referral service that meets stated minimum requirements, and that advertising aimed at educating the public abou…
May a bar association operate a lawyer referral service and advertise it without violating the canons against solicitation?
Yes, within limits. The committee concluded that a bar association may sponsor a properly organized lawyer referral service meeting stated minimum requirements, and that Canon 27 does not bar the orga…
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Legal ethics opinions from the Oklahoma Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.