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 former prosecutor who resisted a defendant's insanity defense later represent that defendant, in private practice, in a proceeding to be restored to competency?
No. The committee concluded that Canon 36 bars a lawyer who held public office from later taking employment connected with a matter he investigated or passed on while in office, and that the former pr…
May a lawyer who once represented an estate's administratrix later represent heirs in a proceeding against her?
No. The committee concluded that a lawyer who formerly represented the administratrix may not represent heirs against her, even if she reposed no confidences in him, because he was in a position to ac…
May a lawyer represent a claimant against a former employer when, before admission to the bar, the lawyer investigated and handled that same claim as the employer's lay claim agent?
The committee concluded no, without the former employer's consent. A claim agent who investigated a claim acquires confidential information so nearly like that of a lawyer that Canon 6's bar on repres…
After leaving office, may a former county attorney represent a divorcing wife against a husband he once prosecuted in a bastardy proceeding involving the same couple?
The Board concluded it depends. If the divorce is wholly dissociated from the bastardy matter he prosecuted, he may accept; if the divorce facts are associated with facts he investigated in office, Ru…
After leaving office, may a former county attorney represent a private client in a civil damage suit arising out of a collision caused by a crime he prosecuted in office?
The Board concluded he may not. The damage suit could not be dissociated from the facts of the collision he had prosecuted, so Rule 38 barred him from accepting the private employment.
When may an office-sharing lawyer take a suit related to a matter his office-mate handled, and when is the original lawyer disqualified from the other side?
The Board concluded an office-mate may take the suit if the original lawyer is not disqualified, but that lawyer may not represent the opposing side if he learned related confidences representing the …
Can a lawyer who once represented an estate's administrator later sue an heir's share in that same, still-open estate for a creditor?
Yes. The Board concluded that a lawyer who briefly represented an administrator and withdrew may later accept employment from a creditor seeking to reach an heir's contingent share; nothing in Rule 8 …
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 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 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 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 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 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…
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…
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 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…
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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.