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 pay client court costs and fines with a rewards credit card and keep the points, and must the lawyer disclose this to the client?
Yes, with conditions. The committee concluded that using a rewards credit card to pay client court costs or fines and keeping the points is ethically allowable if done consistently with Rule 1.7; whet…
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…
Can a plaintiff's lawyer agree, as part of a settlement, to hold the defendant and insurer harmless from the client's liens or government claims, and can defense counsel demand it?
No. The committee concluded a lawyer may not sign a settlement release indemnifying the opposing party against the client's lien or subrogation liability, because it is prohibited financial assistance…
Does tying an insurance staff lawyer's bonus to a minimum number of jury trials create UPL or a conflict of interest, and must the lawyer tell the insured?
The committee concluded that an insurer's plan rewarding staff counsel for a minimum number of jury trials is not the unauthorized practice of law, but a staff lawyer who tries a case solely to qualif…
Can a full-time public defender give personal money to an indigent death-row client's prison account?
Yes, on these narrow facts. The committee concluded a salaried public defender may make personal gifts (not loans) to an indigent capital client's prison account when there is no expectation of repaym…
Can a fee contract set the lawyer's contingent percentage on the combined total of the damages award and a statutory attorney's fee award?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap and…
Can a contingent-fee agreement base the lawyer's percentage on the combined total of the damages award and statutory attorney's fees?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap and…
Can a plaintiff's lawyer agree in advance to indemnify the client against attorney's fees and costs the client would owe if the defendant prevails?
No. The committee concluded that an advance agreement to indemnify a client against attorney's fees and costs awarded to a prevailing defendant is not an 'advance' permitted by Rule 1.8(e), and is bar…
Can a lawyer who owns a chiropractic clinic refer personal-injury clients there and let the clinic defer its bills until the case settles?
No, not on these facts. The committee concluded that the lawyer's ownership interest in a clinic that defers a personal-injury client's bills until settlement makes the deferral the lawyer's own prohi…
Can an Oklahoma lawyer advertise specific jury verdict or settlement amounts they have obtained?
Yes, with conditions. The committee concluded a lawyer may list specific verdict or settlement amounts in advertising if the statement does not breach the duty of confidentiality, is factually accurat…
Can a lawyer employed as in-house counsel for an aircraft title company also represent the company's customers by rendering title opinions they pay for directly?
Yes, with conditions. The committee concluded that the title company's staff lawyer may also render title opinions for the company's customers if the lawyer reasonably determines the dual representati…
Is a non-refundable retainer always a violation of the Oklahoma Rules of Professional Conduct?
No, not per se. The committee concluded that nothing in the Rules flatly bars an advance fee labeled non-refundable, but in an hourly-fee contract for future services such a clause is unenforceable an…
Can an estate-planning lawyer sell financial products like insurance to a client, or refer the client to a business the lawyer profits from?
Yes, with conditions. The committee concluded that a lawyer may sell ancillary financial products to a client or refer the client to a business the lawyer profits from if the transaction is fair and r…
Can an Oklahoma-licensed lawyer who is board certified in Texas advertise that Texas certification in Oklahoma directories?
Probably yes. The committee concluded that Oklahoma's Rule 7.4 (which bars most specialty designations) likely would not survive a First Amendment challenge under Peel and related Supreme Court cases,…
Can an insurance defense lawyer represent an insured when the insurer sends the lawyer's bills to an outside auditor?
No. The committee concluded that defense counsel may not agree to represent an insured knowing the insurer will send counsel's invoices to an outside auditor, because seeking the client's informed con…
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…
Can a lawyer put a mandatory binding-arbitration clause in a retainer agreement covering fee, malpractice, and other disputes?
Yes, with conditions. The committee concluded that nothing in the Rules prohibits a mandatory arbitration clause covering fee disputes, malpractice, and other claims under the retainer, provided the l…
If a lawyer and client had no romantic relationship before the representation began, can the lawyer start a sexual relationship with the client during the case?
Probably not without violating the Rules. The committee concluded that a lawyer who begins sexual relations with a client, where no consensual sexual relationship predated the lawyer-client relationsh…
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 who is an employee (staff attorney) of a liability insurer represent the insurer's insured in a defense?
Yes, with conditions. The committee concluded that a staff attorney employed by a liability insurer may represent the insured if the lawyer discloses all limitations on the representation, the insurer…
May a lawyer have a sexual relationship with a current client during the representation?
No (as the opinion stood). The committee concluded that a sexual relationship with a client or the client's representative during an ongoing representation is unethical, except with a spouse, because …
May an Oklahoma lawyer record a conversation without telling the other people that it is being recorded?
Usually yes. The committee concluded that a lawyer who is a party to a conversation may record it without the other parties' consent, declining to follow ABA Formal Opinion 337's blanket ban; secret r…
Can a lawyer take a contingent percentage of the client's own medical-payments (med-pay) insurance when the insurer hasn't disputed coverage?
Not as a blanket matter, and often not. The committee concluded it is not per se unreasonable, but a contingent percentage appropriate for a third-party recovery would probably be excessive and unreas…
If a lawyer is an elected official or employee of a city, may the lawyer or the lawyer's firm represent clients in matters pending before that city?
No (as the opinion stood). The committee concluded that when a lawyer is an elected official or employee of a municipality, neither that lawyer nor a lawyer associated with them may represent clients …
May a lawyer in a personal-injury case talk privately (ex parte) with the opposing party's treating physician?
Yes, in itself. The committee concluded that an ex parte communication with an adverse party's physician is not per se unethical; the bare fact of communicating does not violate the Rules of Professio…
With client consent, may a lawyer have the interest on client trust funds paid to a charitable or trade-association tax-exempt entity instead of to the state IOLTA program?
Only partly. The committee concluded that, with the client's written consent after full disclosure, a lawyer could cause interest on nominal or short-held client funds to be paid to a third-party enti…
May a lawyer who serves as a part-time judge of a court not of record represent criminal defendants in other courts?
Yes. The committee concluded that a lawyer serving as a part-time municipal judge of a court not of record may act as defense counsel in criminal cases filed in other courts, subject to the Code of Ju…
May a lawyer donate old client files to a historical or educational institution because they have historical significance?
Generally no. The committee concluded that client files probably contain confidences and secrets protected by DR 4-101, so a lawyer may not turn them over to a historical or educational institution wi…
May a law firm keep the name of a deceased or retired partner in the firm name?
Yes. The committee concluded that DR 2-102(B) permits a firm to continue using the name of one or more deceased or retired members 'if otherwise lawful,' which it read to mean permitted unless specifi…
May a lawyer charge a contingent fee in a divorce case, tied to obtaining the decree or to the property and alimony the client recovers?
No. The committee, readopting a 1932 opinion, concluded that a contingent fee contract in a divorce case is against public policy and void, because it gives the lawyer a personal interest in preventin…
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1), eve…
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1), eve…
Can a lawyer serve as both the executor of an estate and the attorney for that estate, and collect a fee for each role?
Yes to both. The committee concluded a lawyer may serve in the dual capacity of executor and attorney for the same estate, and may be paid a fee for each position, provided the lawyer complies with th…
When a client asks for their file after the representation ends, what must the lawyer hand over, and who pays the copying cost?
Where no fee is in dispute, the committee concluded the lawyer must return everything the client supplied and the materials the client paid for that benefit the client, but not work created for the la…
If one lawyer in a public defender's office withdraws from representing a co-defendant because of a conflict, may another lawyer from the same office take over the representation?
No. The committee concluded that a public defender's office is to be treated as a law firm or association under DR 5-105(D), so when one assistant public defender must withdraw from representing co-de…
May an Oklahoma lawyer employ a suspended or disbarred former lawyer in the law office, and what duties may that person perform?
Yes, with strict limits. The committee concluded that it is not ethically improper or illegal for a licensed attorney to employ a suspended or disbarred former lawyer in the law office, but that perso…
May a lawyer with matters pending before a judge offer the judge hospitality, such as inviting the judge to lunch or other social occasions?
Not categorically barred, but to be approached with care. The committee concluded that ordinary social hospitality is permitted (EC 7-34 and the Code of Judicial Conduct allow a judge to accept ordina…
May a city collect 'attorney's fees' from property owners in special assessment districts and deposit them in its general fund, where its salaried city attorney serves those districts without extra pay?
No. The committee concluded that a salaried or retained city attorney who serves special assessment districts without additional compensation may not let the city assess such 'attorney's fees' from pr…
May an attorney recommend title insurance to a client and then act as both title examiner and agent for the title insurance company in the same real estate or loan transaction?
Yes, with full disclosure. The committee, adopting ABA Formal Opinion 331 and expressly replacing and withdrawing its earlier Opinion 281, concluded that under DR 5-101(A) and DR 5-104(A) an attorney …
May a lawyer who employs one or more other lawyers practice under a name using the word 'Associates' after his own name, such as 'John Doe and Associates'?
Yes, in defined circumstances. The committee, following ABA Formal Opinions 310 and 318, concluded that 'John Doe and Associates' is proper where a sole practitioner employs other attorneys, but impro…
Is it improper for government-employed attorneys to perform legal work under two or three levels of lay supervisors who can review their legal advice?
Not necessarily. The committee concluded that the form of organization and the existence of lay supervision do not by themselves make a government lawyer-employee's situation unethical; the crucial qu…
May an attorney charge interest on past-due fees for services rendered and on expenses advanced for the client?
Yes. The committee concluded that an attorney may ethically charge interest on overdue accounts for professional services rendered and on expenses advanced, as long as there is an agreement with the c…
May a lawyer let a national magazine publish a letter he wrote about a trial he handled, where the letter's context identifies him as the lawyer in the case?
No. The committee concluded that even though the letter contained no confidences and the facts had already appeared in newspaper accounts, and even though no 'attorney' designation followed the writer…
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…
May an individual attorney form a professional corporation that then becomes a partner in the law partnership in which the attorney was formerly a partner?
Yes. The committee concluded that a professional corporation organized to render legal services under the Oklahoma Professional Corporation Act is not a 'non-lawyer' within DR 3-101, 3-102, or 3-103, …
May a lawyer employ as an associate a referee of the Court of Criminal Appeals, or appear before city bodies when an officemate is the city's assistant city manager?
No to both. A referee of the Oklahoma Court of Criminal Appeals is barred by statute (20 O.S.1971, § 50) and by the Code of Judicial Conduct from practicing law, so a lawyer may not associate with him…
May a lawyer who is also a title insurance company agent solicit and write title insurance on property purchased by the lawyer's client or on which the lawyer rendered a title opinion?
The committee concluded that a lawyer may serve as a title insurance company's soliciting or issuing agent while practicing law, provided the second business is conducted under the Code's standards (n…
Can a firm take a matter adverse to a former client of a lawyer who once shared offices under the firm name, and can a lawyer-witness's partner serve as advocate where the firm's testimony is essential?
On Inquiry 1, no: a lawyer who held himself out under the firm's name (cards, stationery, pleadings) is treated as an associate, so the former client is treated as the firm's client, and the firm shou…
May a part-time municipal judge who also keeps a private practice represent a client trying to get a platted street in that same municipality vacated?
No. The committee concluded that because the public at large of the municipality occupies a position at least equivalent to a client of the municipal judge, and the city may oppose vacating a street, …
May one attorney represent both the husband and the wife in a divorce where the pleadings put them in an adversary position?
No. The committee concluded that an attorney who filed the divorce petition for the plaintiff-wife became disqualified from also representing the defendant-husband and filing a responsive pleading in …
May a lawyer show earned law degrees (J.D., LL.M., S.J.D.) on letterhead and use the title 'Doctor'?
Yes. Superseding its earlier Opinion 247, the committee concluded that under DR 2-102(F) a lawyer may show earned law degrees (LL.B., J.D., LL.M., S.J.D.) on his letterhead, card, office sign, and sig…
May a lawyer who is also a CPA display both certificates in his office, list under both yellow-pages headings, and sign tax returns 'CPA'?
Yes to all three. The committee concluded a lawyer-CPA may display his bar and CPA certificates in his private office, list under both yellow-pages headings (with no cross-reference and neither listin…
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…
Under the Code of Professional Responsibility, may a lawyer who is also an accountant hold out and practice in both professions?
Yes, within limits. Adopting ABA Formal Opinion 328 and overruling its older Advisory Opinion 208, the committee concluded the Code does not bar a lawyer from also practicing another profession or bus…
May a lawyer be a 'designated attorney' under a for-profit motor club's plan giving members a prepaid telephone consultation on traffic problems?
No. The committee concluded that serving as a 'designated attorney' under a for-profit motor club's prepaid-legal-services plan violates DR 2-103(D), because the club is a for-profit organization that…
May a brochure advertising a small-claims seminar led by an attorney include the lawyer's photo and a short background sketch?
Yes. The committee concluded that a limited-circulation brochure advertising a seminar on a specific legal topic, containing only a brief non-laudatory background sketch and photo of the attorney lead…
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 represent a collection agency in suits to collect debts the agency is pursuing for creditors?
Only when the agency is itself the party. The committee concluded it is unprofessional for an attorney to represent a collection agency acting on behalf of a creditor other than itself, because the ar…
May a county bar association sponsor a plan letting clients pay legal fees with a bank credit card?
The committee concluded a bar-association-sponsored credit-card fee financing plan is not improper merely because fees are paid through a credit card, but it could not approve the unsubmitted plan and…
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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.