May a part-time city attorney run a private practice from his City Hall office and put a shingle by the door?

Plain-English summary

The Central Committee asked whether an attorney appointed city attorney of a small community, paid a small salary and furnished an office in the City Hall, could conduct a general practice of law and place a shingle bearing his name and profession above the door to his office, which opened off the building's main lobby.

The committee said the salary paid to city attorneys in small communities ordinarily contemplates that the city attorney will simultaneously engage in private practice. If, for the city's convenience or as additional emolument of his office, he is supplied with an office in the City Hall, and the city does not object, no question of ethics is involved in his conducting a general practice from that office. It followed that placing a sign inside the building bearing his name and indicating his profession and the office's location would not be improper, provided the sign is in keeping with the dignity of the profession and in no way indicates any special qualifications.

Currency note

This opinion was issued in 1958, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. The treatment of signs and of public lawyers' private practice is governed today by different rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could the part-time city attorney run a private practice from his City Hall office?

A: Yes. The committee said no question of ethics is involved if the city does not object, because the small salary contemplates simultaneous private practice.

Q: Could he post a sign by his office door in the building?

A: Yes. The committee said a sign inside the building showing his name, profession, and office location is not improper if it is dignified and indicates no special qualifications.

Background and rules framework

The opinion applied the sign and advertising principles of Canon 27 of the Canons of Professional Ethics, adopted in Oklahoma, to a city attorney's interior office sign. The opinion predates the Model Rules and made no Model Rule citation.

Citations and references

Rules of Professional Conduct:

• Canon 27 (ABA Canons of Professional Ethics, adopted by the Oklahoma Bar): an office sign must be dignified and indicate no special qualifications.

See also

• Okla. Bar Ethics Op. 185: A lawyer's neon sign
• Okla. Bar Ethics Op. 189: Listing fields of practice on a letterhead
• Okla. Bar Ethics Op. 172: Municipal judge practicing law and the firm name

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-190/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Adopted March 13, 1958

The Central Committee of the Oklahoma Bar Association has submitted to its Legal Ethics Committee the following inquiry:

INQUIRY

An attorney appointed as City Attorney of a small community and paid a small salary is furnished an office in the City Hall. Under such conditions, is it permissible for him to conduct a general practice of law, and in so doing place a shingle bearing his name and profession above the door to his office which opens off the main lobby of the building?

OPINION

The salary paid to City Attorneys in small communities is ordinarily such that it necessarily contemplates that the City Attorney will simultaneously engage in private practice. If, for the convenience of the City and/or as additional emolument of his office, he is supplied with an office in the City Hall and if the City does not object, no question of ethics is involved in his conducting a general practice from such office. It follows that the placing of a sign inside the building, bearing his name, and indicating his profession and the location of his office, would not be improper. Such sign should, of course, be in keeping with the dignity of his profession and should in no way indicate any special qualifications.