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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Can a lawyer in an eminent domain case give the court-appointed commissioners ex parte material to influence their valuation while withholding it from opposing counsel?
No. The committee concluded that improperly influencing the commissioners' valuation, and concealing or contradicting evidence between the commissioners and opposing counsel, is unethical and violates…
In a divorce, must the plaintiff's lawyer disclose a retainer already paid when asking the court to order the defendant to pay temporary attorney fees, and refund it if the court's award covers the whole fee?
Yes. The committee concluded that a lawyer seeking court-ordered temporary attorney fees in a domestic case must disclose any retainer or fee advance already received, and if the court's award is inte…
Does an attorney signing a court's 'Recognizance Release' form to get a misdemeanor client out of jail violate the statute barring attorneys from signing bonds as surety?
No. The committee concluded that signing the court's 'Recognizance Release' form is not signing a bond as surety within the statute, but an assurance based on the attorney's personal integrity; it is …
Under a court's 'own recognizance' release system, may a lawyer enter a guilty plea or pay a client's fine to keep his OR privileges if the client fails to appear?
No. The committee concluded that entering a guilty plea without the client's knowledge and consent, and paying the resulting fine and costs to preserve the lawyer's 'OR' privileges, are both unethical…
May a lawyer pay a fact witness more than the statutory daily attendance fee and mileage to testify?
Only to make up an actual loss. The committee concluded a lawyer may reimburse a lay witness for lost wages or time and reasonable transportation, but paying anything beyond actual loss, or paying a w…
May a lawyer contact jurors after they return a verdict, for example to ask whether they would favor suspending the defendant's sentence?
No. The committee concluded that under Canon 23 a lawyer may not interview jurors after verdict except to address matters affecting the verdict's validity, such as a recording mistake, fraud, or a mis…
May a lawyer give statements to the press about pending or anticipated litigation, especially in criminal cases?
Generally no. The committee read Canon 20 to bar lawyers, prosecution and defense alike, from publicity about pending or anticipated litigation, allowing only in extreme cases a statement that does no…
May an attorney who has obtained a default divorce for a client refuse to file or furnish the formal decree until the client pays the fee?
No. The committee concluded that refusing to file or furnish a divorce decree until the fee is paid is professionally improper, because preparing and filing the formal decree is something the attorney…
What should a lawyer do when the estate administrator he represents has concealed and sold estate property without accounting for it?
The committee concluded the lawyer should first advise the administrator-client to inventory everything, account for items sold, and make restitution; if the client refuses, the lawyer should inform t…
Can a lawyer with no interest in a case send a Supreme Court justice a letter arguing his views on the pending appeal?
No. The Board concluded that an uninvited brief-like letter to a justice about a pending case, sent without the consent or knowledge of counsel of record, is most reprehensible and exposes the lawyer …
Can a lawyer call a witness who is being paid a percentage of the recovery for testifying?
No. The Board concluded that knowingly calling a witness compensated on a contingent percentage of the recovery for his testimony is improper and contrary to public policy, and violates Rule 31's duty…
Can a lawyer arrange for estate appraisers to undervalue property to dodge inheritance tax, and bill for that effort?
No. The Board concluded that arranging a deliberately low appraisal to avoid inheritance tax is a fraud on the county court and the State subjecting the lawyer to disbarment, and he may not consider t…
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…
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…
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 lawyer file a denial or a plea of payment the lawyer knows is false in order to delay a judgment the client admits is owed?
The Board of Governors concluded no. Filing a denial or plea of payment the lawyer knows to be untrue, merely to delay a judgment the client conceded was due, violated the lawyer's oath and Rules 17, …
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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.