Can an out-of-state law firm whose members are all non-residents maintain a permanent office in the state and engage in general practice?
Oklahoma Bar Ethics Opinion 43: Out-of-State Firm Maintaining a Permanent Office for General Practice
Short answer: The Board of Governors concluded that a firm of non-resident lawyers maintaining a permanent office in Oklahoma, consulting clients, filing and prosecuting many suits, and drafting contracts and releases, is engaged in the unlawful practice of law in violation of Sections 46 and 48 of the State Bar Act.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Oklahoma Bar Association's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Plain-English summary
A firm of lawyers from another state, all of whose members were residents of that state and non-residents of Oklahoma, had established an office in one of Oklahoma's larger cities. The firm's door and letterhead bore the firm name and its foreign location, with the Oklahoma office location typed in. One member spent considerable time in the Oklahoma office consulting the firm's clients, the firm filed and prosecuted many suits in Oklahoma courts, and the member drew contracts, releases, and the like. The inquiry asked whether this course of conduct was proper.
The Board of Governors concluded that the firm was engaged in the practice of law in Oklahoma in violation of Sections 46 and 48 of the State Bar Act, subjecting the members to contempt proceedings and possible injunction. The Board explained that the rule of comity does not permit foreign lawyers to engage in general practice in the state. Under Rule 13 of the Rules Governing Admission to the Bar, a foreign attorney may be admitted to participate in or conduct the trial or argument of any particular case in which he is for the time employed, provided his comity privilege has not been withdrawn. For abuse of the comity privilege, the Board suggested, a proceeding before the Board of Governors might lie.
Currency note
This opinion was issued in 1932, 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 statutes and admission rule cited here belong to that era and may have been renumbered, amended, or superseded; modern multijurisdictional-practice rules govern when out-of-state lawyers may work in a state. Treat this page as historical context, not current guidance. Verify against current rules and statutes before relying on any specific provision mentioned here.
Common questions
Q: Could a non-resident firm keep a permanent Oklahoma office and practice generally in 1932?
A: The Board concluded no. It held that maintaining a state office and conducting general practice violated Sections 46 and 48 of the State Bar Act.
Q: What does comity let a foreign lawyer do?
A: Under Rule 13 of the Rules Governing Admission, comity allowed a foreign attorney to participate in or conduct the trial or argument of a particular case in which he was employed, not to carry on general practice.
Q: What was the consequence of abusing the comity privilege?
A: The Board suggested that for abuse of the comity privilege a proceeding before the Board of Governors might lie, and noted the firm was subject to contempt and possible injunction.
Background and rules framework
The opinion applied Sections 46 and 48 of the then-current Oklahoma State Bar Act, governing the unlawful practice of law, together with Rule 13 of the Rules Governing Admission to the Bar, which limited a foreign attorney's comity privilege to a particular case. The Board treated maintaining a permanent office and conducting general practice as exceeding that privilege. These rules were patterned on the ABA Canons of Professional Ethics in force at the time.
Citations and references
Statutes and rules:
- Sections 46 and 48, Oklahoma State Bar Act: governing the unlawful practice of law.
- Rule 13, Rules Governing Admission to the Bar: comity allows a foreign attorney to appear in a particular case in which he is employed.
See also
- Okla. Bar Ethics Op. 25: Accountants and the Unauthorized Practice of Law
- Okla. Bar Ethics Op. 11: What Constitutes the Practice of Law
- Okla. Bar Ethics Op. 30: Directory Display Ads and Lay Adjusters
Source
- Landing page: https://www.okbar.org/ethics/ethics-opinion-no-43/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Adopted November 25, 1932
The Board is in receipt of the following request for an opinion:
"A firm of lawyers of a foreign state, all the members of which are residents of that state and non-residents of this state, have established an office in one of the larger cities of this state. On the door to the main entrance to the office appears the following:
LAW OFFICES
….Name of Firm….
…. (Individual names of
…. members of firm)
….
On the letter heads used by the firm appears "Law Offices ………., ………., ……….." The blanks represent the name of the firm and the foreign location thereof. On the letter heads used by the firm in this state usually appears the typewritten location of the office in this state.
One member of the firm spends considerable of his time in the office in this state, where he consults with the firm's clients. The firm from time to time files many suits in the courts of this state and prosecutes them to conclusion. In addition I am informed, the member of the firm in question attends to the clients' business in other ways, such as drawing contracts, releases, etc.
I desire to obtain the opinion of the Board as to whether or not the course of conduct of the firm in question is proper."
In response:
It is the opinion of the Board that the firm of lawyers referred to are engaged in the practice of law in this state in violation of Sections 46 and 48 of the State Bar Act. In so doing the members of the firm are also subject to contempt proceedings and may be enjoined from continuing its practice in this state.
The rule of comity does not permit foreign lawyers engaging in the general practice in this state. As stated in Rule Thirteen of the Rules Governing Admission to the Bar, a foreign attorney may be admitted to participate in or conduct the trial or argument of any "particular case" in which he may "for the time be employed," provided his comity privilege "as herein defined" shall not at said time have been withdrawn by order of the Board of Governors.
It would seem, therefore, that for the abuse of the privilege of comity, a proceeding before the Board of Governors might lie.