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 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…
When a lawyer becomes a judge of a court of record, what happens to his bar membership and may he still handle cases like uncontested divorces?
The Board concluded that becoming a judge of a court of record only suspended the lawyer's right to practice during his term; he remained a State Bar member, paid active-member fees unless enrolled as…
Could a local bar association adopt a binding schedule of minimum fees that its members had to follow?
The Board recommended against any such schedule, reasoning that an obligatory minimum-fee schedule conflicted with Rule 14 (Canon 12) factors and with the independence required of the profession. This…
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…
Could a lawyer buy small heirs' interests in an estate, take title through a relative, and file partition suits to force a sale for his own gain?
The Board concluded the practice was improper and unethical, condemning it under Rule 30 (stirring up litigation) and Rule 31 (upholding the honor of the profession) and as a violation of the lawyer's…
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…
Does the no-contact rule barring communication with a represented party apply to a county attorney trying to get a represented defendant to plead guilty?
The Board concluded yes. Rule 11 applied to all bar members, including county attorneys, so a county attorney violated it by communicating with a represented defendant about the charges without counse…
Was it ethical for a lawyer to inject himself into a pending case as amicus curiae, and to seek or solicit work as an amicus?
The Board concluded that an amicus appears only by the court's permission, must disclose any interest in a similar case and present his views fairly, and that it is not ethical to solicit 'practice' a…
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 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…
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…
Could a lawyer represent a collection agency in suits where the lawyer's fee was paid by the agency out of its collection commission?
The Board answered no to each variation. A lawyer could not take collection suits where the fee was paid by a lay collection agency out of its commission, and taking assignments to the agency to file …
Could a lawyer charge and collect a contingent fee from a workers' compensation claimant that exceeded the fee the Industrial Commission allowed?
The Board concluded that collecting from the proceeds of a workers' compensation award an attorney fee greater than the amount the Industrial Commission allowed would subject the lawyer to disciplinar…
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 lawyers pay a nonlawyer expert witness a contingent fee carved out of the lawyers' own contingent fee?
The Board concluded it would not be proper for the lawyers to pay the pollution engineer a contingent fee out of their own contingent fee, nor for the city to employ the engineer on a contingent fee d…
Can a company employ a salaried lawyer and market him to customers as a selling point, having him solicit business while stressing that he is a lawyer?
The Board concluded the lawyer may handle the firm's own legal business, but may not allow his professional services to be exploited by the company as part of its sales campaign, which violates Rule 3…
Can a lawyer take charge of a merchants' association's collections on a contingent basis?
The Board concluded that if the work includes legal services such as forcing collections by suit it violates Rules 29 and 37; collecting accounts without suit is not the practice of law, but a lawyer …
Can a new lawyer take over a case from a lawyer the client wants to fire, and can the new lawyer be hired to carry out the discharge?
The Board concluded a successor lawyer should not accept employment for the purpose of discharging the first lawyer (the client must do that), but may properly take over the case once the client has d…
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 join a barter-and-trade exchange that pays him in redeemable coupons and takes a commission on the business it sends him?
The Board disapproved the arrangement and said it would merit discipline, because it would let a lay agency exploit the lawyer's services (Rule 37) and make the exchange operator a touter securing bus…
Can a non-lawyer represent an individual or a corporation in a justice of the peace court?
The Board concluded a non-member of the State Bar may not lawfully represent an individual or corporation, as agent or otherwise, in a justice of the peace court, and doing so is a misdemeanor; a corp…
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 a lawyer accept a criminal defendant who, on his own initiative, wants to replace his prior appointed counsel, and must the new lawyer first contact the old one?
The Board concluded the lawyer did not breach the rules because the defendant, not the lawyer, sought the change; a defendant may choose his own counsel, but a lawyer may not solicit clients through t…
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 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 advance court costs for a client who cannot afford the filing deposit?
The Board concluded that under Rule 44 a lawyer may not agree to bear the expenses of litigation, but may in good faith advance expenses as a matter of convenience, subject to reimbursement by the cli…
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 a debt-adjustment company practicing law, and may a lawyer represent such a company that gets its clients through newspaper ads?
The Board concluded the debt-adjustment plan was the practice of law, so it would be unethical for a lawyer to handle the business of such a company; the lawyer would be aiding a lay agency in the pra…
Can a lawyer let an out-of-state collection agency use his office address and building directory as a Tulsa branch office?
The Board concluded it was improper, because the lawyer would be aiding the collection agency in creating the false impression of a Tulsa branch office it did not maintain, contrary to Rule 17's bar o…
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 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 contract with a lay membership association to represent its individual members at a discounted fee?
The Board concluded the arrangement would violate the Rules of Professional Conduct: it would amount to the practice of law by a lay organization, and the lawyer would be soliciting business by indire…
May a practicing lawyer also act as an insurance agent and write fire insurance for family members and others?
The Board concluded that a lawyer in active practice may write fire insurance, provided he observes the standard of conduct required of a bar member and does not use the insurance business to obtain l…
Is it improper for a law firm to arrange in advance that a justice of the peace will enter default judgments and continue contested cases, and does the justice practice law by doing so?
The Board found no real ethical question presented for the attorneys, and concluded the justice of the peace was not engaged in the practice of law and was a judicial officer over whom the Board had n…
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 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).
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 …
Can an out-of-state law firm whose members are all non-residents maintain a permanent office in the state and engage in general practice?
The Board concluded no. Non-resident lawyers maintaining a state office and conducting general practice are practicing law unlawfully under Sections 46 and 48; comity permits only appearing in a parti…
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 lawyer charge a contingent fee in a divorce case, tied to securing the divorce and to the property or alimony obtained?
The Board concluded no. Contingent-fee contracts in divorce cases are void as against public policy, because they give the lawyer a personal interest in preventing reconciliation, and a divorce is not…
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 a lawyer negotiate directly with the opposing party after that party has discharged his own attorney, even if the discharged attorney claims the discharge was wrongful?
The Board concluded yes. Once the client terminated his attorney's employment, that attorney was no longer counsel, so negotiating directly with the party did not violate Rule 11; the discharged attor…
Can a lawyer negotiate and settle a case directly with the opposing party who is represented by another lawyer?
The Board concluded no. Settling directly with a represented opposing party, without that party's counsel's knowledge, violated Rule 11's prohibition on communicating with a represented party about th…
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…
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…
Can a lawyer about to take office as county judge keep handling collection accounts he took in before taking the bench?
The Board concluded he should not. Although merely collecting accounts is not the practice of law, statute bars a county judge from practicing law, and public policy means a county judge should not en…
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 law firm form and manage a lay claims-adjustment bureau that solicits business and operates out of the firm's office?
The Board concluded no. A lawyer-run adjustment bureau that solicits business and channels it to the firm is condemned as indirect solicitation through a lay agency and as letting a lay agency exploit…
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 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…
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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.