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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Could the lawyer who drafted a will, witnessed it, and was named executor both testify about its execution and the testator's capacity and conduct the contested probate?
No. The Board concluded the lawyer could not both give substantive testimony about the will's preparation, execution, and the testator's capacity and have charge of the contested probate; Rule 21 dire…
After representing taxpayers who fought a school-district annexation, could the lawyer later represent the annexing district resisting their effort to withdraw?
No. The Board concluded the lawyer could not, on the same annexation controversy, switch to represent the school district resisting the former clients' withdrawal; Rule 8 forbids later employment adve…
Could a sitting mayor take an assigned share of the contingent fee in the city's own litigation and then vote, as a commissioner, on its settlement?
No. The Board condemned a mayor who took an assigned interest in the contingent fee for the city's litigation while on the city commission, then voted on the settlement; it violated Oklahoma public po…
Could a lawyer who serves as president of a town's board of trustees also be the town's paid attorney in its legal work?
No. The Board concluded that a lawyer serving as president of an incorporated town's board of trustees could not be paid to represent the town as its attorney, because a Oklahoma statute voids any con…
May a former city attorney who defended the city in nuisance suits over its sewage plant later represent those same plaintiffs suing the city for continuing the same nuisance?
The Board concluded no. Under Rules 38 and 8, a former city attorney could not accept employment against the city in a matter he had passed upon and defended while in office, even for damages arising …
May a lawyer employed by the State Banking Department as a liquidating agent take a client's case suing the State on relation of the bank commissioner over a different insolvent bank?
The Board concluded yes, but only if the lawyer had not obtained any information about the facts of the proposed suit through his department employment; if he had, accepting the case would be improper…
Can a former judge accept employment as a lawyer in a child-custody matter whose merits he decided while sitting as a judge?
No. The Board concluded a former judge could not represent the grandmother seeking custody of a child where, as a sitting Superior Court judge, he had decided the merits of the same custody controvers…
After leaving the bench, may a former county judge represent a later-appointed estate administrator in an appeal over that administrator's appointment, when the judge earlier admitted the will and appointed the first administrator?
The Board concluded yes. Rule 38 barred a former judge only from matters he had investigated or passed upon while in office; because he never acted on the merits of the last administrator's appointmen…
Could a lawyer who had defended one co-defendant now defend the other co-defendant, after the first client pleaded guilty and agreed to testify for the State?
No. The Board concluded the lawyer could not defend co-defendant 'A' after representing 'B,' who had confided in him and then turned State's witness against 'A'; the duty to preserve a former client's…
Could lawyers who represent some of an estate's creditors also represent an outside claimant suing the receiver, when winning that claim would reduce the creditors' recovery?
The Board concluded it depended on the estate's assets: if the claimant's success would reduce the represented creditors' payment, the lawyers represented conflicting interests under Rule 8 and could …
Could a lawyer who had represented a company in two pending suits accept employment to sue that same company for a new client?
The Board concluded it depended on confidences: if the lawyer had gained any knowledge of facts affecting the new suit through the prior representation, accepting it was improper; if not, no rule barr…
Could a newly appointed county attorney prosecute an embezzlement case against a person he had already sued and obtained a civil judgment against, while still trying to collect that judgment?
The Board concluded he could not properly conduct the prosecution, because his personal interest in collecting the related civil judgment made the situation too susceptible of misconstruction under Ru…
Could a former judge hold himself out as 'associate counsel' to his old partners while still taking cases against their clients, or against them, when he was not called into the matter?
The Board concluded the arrangement was improper. Holding out as associate counsel to the former partners while opposing their clients in matters he was not called into would tend to bring reproach up…
Could a former county attorney, after leaving office, defend the very people he had charged and bound over while serving as prosecutor?
The Board concluded no. Under Rule 38, a lawyer who investigated or passed upon a matter while in public office could not, after retirement, accept employment connected with that matter, so the former…
When is a former judge barred from later serving as an advocate because he previously acted on the merits of the matter in a judicial capacity?
The Board adopted the ABA's interpretation: a former judge must refrain from representing a party in any matter involving the same facts he acted upon judicially, and a judge acts on the merits when h…
Could the lawyers who obtained an administrator's appointment for a creditor client also represent the administrator in recovering estate property while still representing the creditor's claim?
The Board concluded the lawyers could represent the administrator in the recovery suit (with court-approved compensation), but doing so disqualified them from also representing any claimant against th…
Could a lawyer represent debtors before a bankruptcy Conciliation Commissioner while remaining a law partner of the lawyer who held that office?
The Board concluded no. So long as the partnership continued and one partner served as Conciliation Commissioner, the other partner could not with propriety represent debtors under Section 75 of the B…
After a senior partner left the firm to take a quasi-judicial public office, could the firm keep his name in the firm name and on its stationery?
The Board concluded no. Because the former partner now held a quasi-judicial office before which the firm could appear, Rule 35 barred keeping his name in the firm name or on the stationery.
Could a lawyer paid to examine titles for a lender solicit the owner to hire him to quiet title on the same property?
The Board concluded no. A lawyer paid by a lender to examine titles could not properly solicit and accept employment from the owner to quiet the title, and doing so would expose him to the criticism o…
Could the lawyers who drafted a client's will later represent a claimant seeking to share in the estate against the terms of that will?
The Board concluded no. Representing a common-law-wife claimant against the will the lawyers had drafted for the decedent would contravene Rule 8's bar on conflicting interests and the duty under Rule…
Can a lawyer who is the city's mayor also serve as city prosecutor in a municipal court whose judge he appoints and can remove?
The Board condemned the practice: because the mayor-prosecutor appointed and could remove the municipal judge and once had a per-conviction fee interest, the arrangement offended due process under Tum…
Can a lawyer who examines titles for a Federal Land Bank also represent the loan applicant in a quiet-title suit and then pass on the title for the bank?
The Board concluded this is representing conflicting interests; though technically permissible under Rule 8 if the strict consent requirements are met, the dual role is so fraught with danger that the…
Can a lawyer represent taxpayers in a test suit against a city when the city itself will pay the taxpayers' attorney fees and court costs?
The Board concluded it would not be unethical if the taxpayers know the city is paying the fees, a full and frank disclosure is made in open court, and the lawyer does not take part in a collusive jud…
Can the attorney for an estate's executor or administrator also represent a claimant or one heir against the estate or another heir?
The Board concluded counsel for an executor or administrator may not represent a claimant against the estate or an heir supervising the administration, and is disqualified between heirs where the admi…
Can a justice of the peace who is also a lawyer draw pleadings and run a collection business in his own court?
The Board concluded the practice was indefensible: it was the practice of law, violated Canon 31 of the Judicial Ethics canons barring a judge from practicing in his own court, and ran afoul of a stat…
Can a lawyer accept a new client to defend a suit that his own former client has brought on a closely related matter?
The Board concluded the lawyer could not accept the new retainer, because Rule 8 forbids later taking employment from others in matters adversely affecting an interest of a former client as to which c…
Can a lawyer serve as regional counsel for a union's injury-claims bureau that investigates members' claims and shares a contingent fee with the organization?
The Board concluded the arrangement violated Rule 37 because a lay agency would intervene between lawyer and client to handle members' individual affairs, and it created a personal-interest conflict b…
After a law firm dissolves, can one of its former partners represent the party adverse to a client the firm had represented under retainer?
The Board concluded it would be improper under Rule 8 for the former partner to represent the adverse party, in the pending suit or in a related bankruptcy, because the firm's retainer and confidences…
Is it proper for a lawyer to appear before a judge who is a close relative, such as the judge's father or the father's law firm?
The Board found no canon specifically condemned a lawyer appearing before a relative judge but said the practice approaches the line of propriety, should be discouraged, and be exercised with extreme …
Can a city attorney defend city council members and officers when taxpayers sue them over a settlement the council approved?
The Board concluded the city attorney could, with propriety, represent the officers and council members in defending a taxpayer suit that challenged a settlement the council had approved by resolution…
Can a lawyer represent two sets of heirs with potentially conflicting claims to the same estate if both sets consent?
The Board concluded that although Rule 8 would technically permit dual representation with informed consent, given doubt about whether all parties fully appreciated the situation, upholding the honor …
Does opposing counsel's consent let a former city attorney take a case barred by the former-government-lawyer rule?
The Board concluded no. Rule 38 admits no exception and Rule 8's consent provision does not apply, because the prohibition rests on public policy that consent cannot waive.
Can a former city attorney who investigated a malpractice case while representing the city later represent the plaintiff against the codefendant doctors?
The Board concluded no. Under Rule 38 the former city attorney could not accept the retainer, because he investigated the facts in his official capacity, and taking the case would risk using official-…
Can an ex-county attorney who only perfected an appeal while in office, without investigating the facts, later be employed in that same case?
The Board concluded no. Under Rule 38 a former public officer cannot accept employment in a matter he passed on in office; the prohibition is broad and does not turn on how extensive his participation…
Can a criminal-defense lawyer furnish his wife as surety on his clients' appearance bonds, in effect acting as a bond broker?
The Board disapproved. Furnishing the lawyer's wife as surety, as his alter ego, fell within the spirit of the statute barring an attorney from signing bonds in his own cases, violated Rule 31, and im…
Can a lawyer who represented a school district then switch to represent the opposing party against the district, and assist a scheme to evade an appropriation statute?
The Board concluded no. Switching to represent the plaintiff against the former-client school district violated Rule 8 on conflicting interests, and if the lawyer joined a scheme to evade the appropri…
Can a lawyer whose firm holds civil claims against bank officers also be hired as a special prosecutor in the criminal case against those same officers?
The Board concluded it would be improper. A firm with civil claims against the same defendants should not accept employment to assist in their criminal prosecution, because the profession must avoid e…
Can a lawyer buy a note from his client just before default and then sue on it to collect the principal plus attorney's fees?
The Board concluded the practice is improper. Buying a note in order to sue on it for principal and attorney's fees stirs up strife and litigation, contrary to Canon 28, which the Board identified as …
Can a lawyer represent a bankrupt client and also represent creditors filing preferred claims against that client's bankruptcy estate?
The Board concluded no. Because the interests of a bankrupt and of his creditors are adverse, it is professionally improper for an attorney to represent both the bankrupt and his creditors in the same…
Can a former judge or former county attorney accept private employment in a matter he investigated, passed on, or decided while in office?
The Board concluded no. Rule 38 bars a lawyer from acting as an advocate in a matter on whose merits he previously acted in a judicial capacity, or from accepting employment connected with a matter he…
Can a lawyer who holds contingent-fee civil damage claims against a criminal defendant also serve as a special prosecutor in the criminal case?
The Board did not flatly condemn it but concluded the arrangement did not tend to uphold the honor and dignity of the profession, given the prosecutor's duty under Rule 7 to see that justice is done, …
Can a county attorney accept compensation from a crime victim in connection with the prosecution of the alleged offender?
The Board of Governors concluded no. In counties where county attorneys were prohibited from private practice, demanding or accepting compensation for legal services or a reward for official acts was …
Can a lawyer who serves on a city council represent private clients in that city's municipal courts?
No. The committee concluded that a lawyer who sits on the city council may not practice before that city's municipal courts, because the council selects, budgets for, and can remove the municipal judg…
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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.