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 plaintiff's lawyer contact the client's medical providers and offer to prepare and file medical liens for them so the full medical bills become admissible?
Qualified yes. The committee concluded a plaintiff's attorney may, with the informed written consent of both the injured client and the providers, offer to prepare and file a medical-provider lien, bu…
Are older Oklahoma ethics opinions about lawyer advertising and solicitation still reliable?
Not necessarily. The committee concluded that, because the law on lawyer advertising and solicitation was liberalized by Bates v. State Bar of Arizona and the cases that followed, legal-ethics advisor…
May a lawyer accept employment to render a bond-validity opinion when a state agency requires every bidder, as a condition of bidding, to agree to hire that named lawyer and pay him a set fee?
No. The committee concluded that where a state agency requires all bidders, as a condition of their bid, to agree to employ a named attorney and pay him a specified fee for an opinion on the bonds' le…
Is a large, eye-catching attorney 'shingle' placed among commercial signs near a shopping-center thoroughfare, far from the office, improper advertising?
Yes. The committee concluded that a prominent, eye-catching attorney 'shingle' placed about 150 feet from the office among eight commercial advertising signs near a shopping-center thoroughfare did no…
Can lawyers form a for-profit business trust that performs and financially backs their title-opinion work and markets title services to the public?
No. The committee concluded the proposed 'Attorney's Title Opinion Fund' would be a lay agency performing legal services for profit and would inevitably act as a feeder for its members' private practi…
May a lawyer let a salaried investigator carry a business card showing the lawyer's name and 'attorney at law,' and what responsibility does the firm bear for the investigator's conduct?
Yes, within limits. The committee concluded that a firm may employ a salaried investigator and give him an identifying card, but the firm is fully responsible for his conduct as if a lawyer did it, th…
May a lawyer also run a real estate sales or brokerage business, from the same or a separate office, while practicing law?
Only under strict conditions. The committee concluded a lawyer may engage in a separate business only if it is not itself the practice of law, can be run without violating the Canons, is not used to a…
May a lawyer rubber-stamp his firm name on the face of an abstract of title to show that the firm examined it?
No. The committee concluded that a permanent stamped notation naming the examining firm on the face of an abstract of title is unethical because it would serve to advertise that firm to everyone who l…
May an individual lawyer or law firm print 'SEE YOUR LAWYER FIRST' on their envelopes?
No for an individual lawyer or firm, yes for the organized bar. The committee concluded that the phrase is proper public education when used by the Oklahoma Bar Association, but on a lawyer's or firm'…
Who may receive a lawyer's professional announcement, what occasions justify one, what may it contain, and how should deceased partners or those on leave be shown?
The committee concluded that announcements may go to clients, relatives, and personal friends but not casual acquaintances; that a departing associate may send them to a former firm's clients only whe…
May a lawyer own an interest in an abstract company, and may he let his name appear as 'General Counsel' in the abstract company's advertisements?
Owning an interest is fine in itself, but it must not be used to solicit law business. The committee concluded that letting the lawyer's name appear as 'General Counsel' in an abstract company's adver…
May a lawyer buy a listing in a paid classified directory published by a private firm that solicited him?
No. The committee concluded that under Canon 43 a paid listing in such a private classified directory is clearly prohibited; the only permitted listings are a simple yellow-pages entry, legitimate cit…
When a reporter names and quotes a lawyer about a case he is handling, is the lawyer responsible for the publicity, and what must he do?
The committee concluded that if lawyers knew their names and descriptions would be used in newspaper articles about their cases, the conduct violated Canon 27's bar on indirect advertising, and that a…
May an attorney retained by a trade association committee accept a circular inviting individual members to call him for advice on their own problems and to remit his fees directly to him?
No. The committee concluded that a circular inviting individual members to consult the association's counsel about their own affairs violates Canon 35, and that having members pay the attorney directl…
Does a lawyer who habitually offers legal services for less than the minimum fee schedule violate the Canons of Professional Ethics?
The committee concluded that a lawyer who habitually and notoriously underbids the minimum fee schedule violates Canons 7 and 12, because chronic underbidding amounts to soliciting business and encroa…
May a lawyer publish a notice in a general-circulation legal newspaper announcing availability to serve other lawyers in a specialized field, and may the notice describe his past industry experience?
No on both counts. The committee concluded that Canon 46 permits such an announcement only in a true local legal journal sent to lawyers, not in a paper of general circulation like the Daily Legal New…
May a lawyer who has moved offices send invitations to an 'open house' along with the announcement of the new location?
No. The committee concluded that coupling an 'open house' invitation with an office-move announcement goes beyond the truthful, dignified announcement Canon 27 allows and is personal publicity that am…
May a lawyer let his name appear on a government agency's list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on a form it gives its customers?
No to both. The committee concluded that letting one's name appear on the FAA's list of qualified examiners amounts to soliciting business in violation of Canon 27, and that a lay company's use of the…
May a lawyer write jurors to compliment their service, thank them for a verdict, or question them after discharge about their deliberations?
No. The committee concluded that writing jurors offends the spirit of Canon 23 and is indirect advertising under Canon 27, that thanking jurors for a verdict curries favor and embarrasses them, and th…
May a lawyer be on the FAA's distributed list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on its order forms?
No to both. The committee concluded that appearing on the FAA's distributed examiner list is soliciting business under Canon 27, and that a lay company's 'Bonded-Lawyers' advertising flagrantly violat…
May an attorney's name appear in a newspaper notice of an estate or bankruptcy sale without violating the advertising canon?
It depends on degree. The committee concluded that an attorney's name in such a notice is proper if it serves a real purpose and is not in oversized type or a prominent spot, but it violates Canon 27 …
May a lawyer write past will clients suggesting they bring their wills up to date with codicils or new wills?
Qualified yes. The committee concluded a lawyer may remind a former will client of legal or factual changes that may require a review, but he must not ask the client to come in or confer, and must con…
May a lawyer who is also a CPA practice law while holding himself out as an accountant on his door, letterhead, or elsewhere?
No. The committee concluded a lawyer-accountant must choose one profession to hold himself out in; practicing law while advertising as an accountant would indirectly solicit law business in violation …
May a lawyer let a life insurance company run an ad naming him a special representative and touting his legal specialties?
No. The committee concluded the ad flagrantly violates Canon 27 if the lawyer keeps a private practice, and that being paid by the insurer to serve its customers violates Canon 35's bar on a lay agenc…
May a lawyer send Christmas or greeting cards that show 'attorney,' his office address, or images referring to his profession?
No. The committee concluded such cards violate Canon 27's bar on indirect advertising; a lawyer may still send personal Christmas cards to friends and close clients so long as they carry no 'attorney'…
May a lawyer run a classified newspaper ad offering to prepare income tax returns and purchase refund claims?
No. The committee concluded the classified ad was a clear violation of Canon 27; that laymen offer the same service does not matter, because when an attorney performs it the work is the practice of la…
May a newly admitted lawyer cooperate with an unsolicited newspaper feature story about his night-law-school education?
Yes, within limits. The committee concluded the lawyer may cooperate, preferably anonymously, if he insists the article be dignified, not advertising, and not an appeal for sympathy, and reviews it be…
May a lawyer list himself in the telephone directory of a town where he has neither an office nor a residence?
No. The committee concluded such a listing violates Canon 27 as advertising, because the only reason to appear in a directory where the lawyer neither lives nor practices is to advertise, not to be lo…
After the phone company left a lawyer's name out of the yellow pages, may it mail every subscriber a card correcting the omission?
No. The committee concluded that mailing correction cards to all subscribers would violate Canon 27 as indirect advertising; a correction may only go to other bar members and the lawyers' clients whos…
May a lawyer run a separate 'skip tracer' business locating missing persons for other lawyers without violating the canons?
Yes, but only narrowly. The committee concluded the lawyer was on dangerous ground; the side business is permissible if run from a separate office, conducted so as not to reveal his bar membership, an…
May a law firm list itself in the telephone directory under the heading 'Adjuster' without noting that its members are lawyers?
No. The committee concluded the listing violated Canon 27, because claims adjusting is so closely tied to the practice of law that an attorney doing it would inevitably be practicing law, and such spe…
May a lawyer run newspaper ads offering 'Income Tax Service' if the ads omit that he is an attorney?
No. The committee concluded that the ads flagrantly violated Canon 27, and that leaving out the lawyer's profession was a mere subterfuge to evade the canons; a lawyer performing tax work that is gene…
May a law firm publish or distribute announcements of a reorganization, new partners, or a change of address in a legal journal, and may those announcements list the firm's fields of practice?
No to the published versions. The committee concluded that Canon 27 bars publishing such announcements anywhere except an approved law list, and that listing the firm's areas of practice is improper s…
May a lawyer pay to have his photograph and biography published in a newspaper's special commemorative edition?
No. The committee concluded that paying, directly or indirectly, to publish a lawyer's photograph and biographical sketch in a special newspaper edition is a form of advertising barred by Canon 27, re…
May an attorney have his photograph taken and published in a local newspaper?
It depends on the purpose. The committee concluded a lawyer's photo published for a civic honor or community service is proper, but a photo tied to his cases, his litigation conduct, or any solicitati…
May a lawyer place a journal card advertising that he specializes in writing briefs for other lawyers?
No. The committee concluded such a card is improper, because Canon 46 allows a notice only for a genuinely specialized service rendered to other lawyers, and brief-writing is not a specialty: legal re…
May a lawyer take estate work from clients steered to him by an insurance salesman who uses the lawyer's opinion to sell insurance?
No. The committee concluded that an arrangement where an insurance salesman introduces customers to a particular attorney for estate and tax work is a direct violation of the Canons, because the sales…
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 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…
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 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 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…
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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.