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.
No Oklahoma Bar Association opinions match these filters
Try a different search term or clear the filters.
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 the lawyer for an estate's executrix also represent the sole legatee defending the will against common-law-marriage claimants?
No. The committee concluded that, given the potential conflict between the executrix's duty to administer the estate lawfully and the sole legatee's interest in upholding the will against the common-l…
If a lawyer will be a material, contested witness for his client in a related case, can he keep representing the client in that case?
No. The committee concluded it would be improper for the attorney to continue representing the client in the federal action where his testimony about the prior state litigation would be highly materia…
Does Opinion 260's ban on nonlawyers presenting court orders also bar licensed legal interns from appearing in court?
No. The committee clarified that Opinion 260's references to 'law interns' meant unlicensed law students or apprentices, not Legal Interns holding a limited license from the Oklahoma Supreme Court; ac…
May a lawyers' professional corporation list its name ending in 'Inc.' in the telephone directory?
Yes. The committee concluded a lawyers' professional corporation may be listed in the classified and alphabetical sections of the telephone directory ending with 'Corp.' or 'Inc.', but if it elects su…
May a lawyer compile and sell to the public a manual of small claims procedures and practices?
Yes. The committee concluded a lawyer may ethically compile and sell a procedural manual or reference book to the public, provided there is no unethical advertising or solicitation in its content or m…
May a lawyer be listed as an attorney in a new toll-free area-wide telephone directory that also covers towns where the lawyer has no office?
Yes. The committee held that a lawyer who maintains a bona fide office or residence anywhere within the area covered by a new toll-free area-wide directory may be listed in it, and the old 'exchange a…
Can a lawyer have a secretary or other nonlawyer staff file papers and present orders to a judge for signature in divorce or probate matters?
Filing papers and similar ministerial courthouse tasks are fine, but the committee concluded a nonlawyer may not present pleadings or orders to a judge for signature, because that can call for profess…
Can a lawyer serve as a Selective Service Government Appeals Agent when the role requires protecting both the registrant and the Government?
Yes, but only with clear up-front disclosure. The committee concluded the role is incompatible with an attorney-client relationship, so the lawyer had to tell both the registrant and the Government at…
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 refuse a court appointment to represent an indigent criminal defendant on the ground that his practice is limited to civil matters?
No. The committee concluded that, in a county with no public defender, refusing an appointment because one handles only civil cases is a 'trivial reason' under Canon 4 and is unethical; a lawyer may p…
May a lawyer (or a partner of a lawyer) who represents a city board appear before other boards or commissions of the same city, and does it matter whether he is paid by retainer or by the case?
The committee concluded that because the board is not autonomous from the city, the conflict-of-interest rule (Canon 6) bars the board's attorney and his partner from representing clients before other…
What telephone directory listing details may a lawyer or firm use, such as alternate listings, bold type, extra address lines, or after-hours numbers?
The committee concluded that a lawyer's directory listing must look like every other lawyer's: no alternate listings, no listing firm members' names under the firm name, no bold or unusual type, no pa…
May a lawyer who is a partner of, or shares an office with, an assistant district attorney accept appointment or employment to defend criminal cases?
A partner (or a lawyer sharing fees or client responsibility) may not, because the conflict is inherent and non-consentable; a lawyer who only shares office space, with no shared fees, responsibilitie…
May a part-time municipal-court judge whose court is not a court of record defend persons charged with crimes in other courts?
Largely no. The committee concluded that a court-not-of-record judge who tries misdemeanors and binds felony defendants over should scrupulously avoid accepting criminal defense work, except to accept…
May a lawyer pay a fact witness more than the statutory daily attendance fee and mileage to testify?
Only to make up an actual loss. The committee concluded a lawyer may reimburse a lay witness for lost wages or time and reasonable transportation, but paying anything beyond actual loss, or paying a w…
May a lawyer take collection suits referred by a credit bureau that deals directly with the lawyer, advances costs, and is paid from any recovery, while the creditor has no direct contact with the lawyer?
Only under strict conditions. The committee concluded that the lawyer may not divide legal fees with the lay agency, must form a direct attorney-client relationship with the creditor rather than let t…
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 contact jurors after they return a verdict, for example to ask whether they would favor suspending the defendant's sentence?
No. The committee concluded that under Canon 23 a lawyer may not interview jurors after verdict except to address matters affecting the verdict's validity, such as a recording mistake, fraud, or a mis…
May a lawyer list his graduate degrees, or use 'Doctor' or 'Dr.' before his name, on his shingle, professional card, or letterhead?
No. The committee concluded that using degrees or the title 'Doctor' on a shingle, card, or letterhead, or in introductions, is improper self-laudation under Canon 27; such distinctions may appear onl…
May an assistant district attorney also keep a private practice, and is a judge disqualified from hearing cases where his former law partner appears as counsel?
The committee concluded that an assistant DA paid over 65% of the DA's salary may not engage in private practice (under 19 O.S. 215.15), while one paid 65% or less may handle civil cases not in confli…
May a lawyer who sits on the state Pardon and Parole Board, or a member of his firm, represent defendants in criminal cases in state court?
No. The committee concluded that because the State is interested adversely to a convicted person seeking clemency, a lawyer on the Pardon and Parole Board (or a member of his firm) who represents crim…
May a bank's salaried trust officer who is also a lawyer give legal advice to bank patrons, and may the bank advertise his name as performing those services?
No. The committee concluded that an attorney-trust officer giving the public advice that constitutes the practice of law is unethical, that he may not let the bank use his name in advertising such ser…
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…
Is it improper for a lawyer who works as an insurance claims adjuster to deal directly with an opposing party the lawyer knows is represented by counsel?
Yes. The committee concluded that adjusting insurance claims is the practice of law when done by a lawyer, so the attorney-adjuster remains bound by the Canons and may not communicate directly with a …
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'…
May a person qualified as both lawyer and doctor hold out in both professions, are all firm members responsible for one member's misconduct, and may a building be named 'Medical-Legal Building'?
The committee concluded that a lawyer-physician must choose to hold out as one or the other because practicing both is too fraught with conflicts and confidentiality dangers; that firm members who kno…
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 law firm put its name and occupation on office windows and doors, and on how many, and what wording may a shingle carry?
A single proper professional sign may mark the office entrance, but the committee concluded that placing the firm name on additional doors or windows is unethical, that a shingle may carry only the la…
May a lawyer give statements to the press about pending or anticipated litigation, especially in criminal cases?
Generally no. The committee read Canon 20 to bar lawyers, prosecution and defense alike, from publicity about pending or anticipated litigation, allowing only in extreme cases a statement that does no…
May an attorney who has obtained a default divorce for a client refuse to file or furnish the formal decree until the client pays the fee?
No. The committee concluded that refusing to file or furnish a divorce decree until the fee is paid is professionally improper, because preparing and filing the formal decree is something the attorney…
May a lawyer or firm list their names in the classified or alphabetical sections of a telephone directory, including in exchange areas where they have no office?
A uniform classified listing in the lawyer's own exchange area is proper, but classified listings outside that area are improper. The committee concluded an individual lawyer (but not a firm) may list…
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 in general practice be named as 'counsel' in a savings and loan association's published statement of condition or newspaper advertisement?
No. Following ABA Informal Decision No. 645, the committee concluded that publishing the name of the general counsel of a corporation, bank, or savings and loan association in any advertisement, lette…
May a lawyer have his wife post a client's bond, take a fee for referring clients to a bondsman, or run property through a bondsman to leave a bond insecure?
No to all three. The committee concluded a lawyer cannot do indirectly through his wife what he is barred from doing directly; that taking a referral fee from a bondsman is unethical under Canons 6 an…
May a lawyer in the National Guard or military Reserve, while on drill or short active duty, perform civilian legal work (wills, abstracts, personal legal problems) for unit personnel?
No. The committee concluded that using a Reserve or Guard lawyer's active-duty time to render personal civilian legal services to unit personnel defeats the purpose of that duty and is improper, in th…
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…
May a lawyer have his name listed under more than one classification in a city directory's classified section?
No. The committee concluded that a lawyer may not appear under more than one classification, whether or not an extra charge applies, because directory listing is proper only when all local Bar members…
May a lawyer be listed in a civic club or Chamber of Commerce directory if he pays an extra fee, or if the directory circulates outside the membership?
No to the paid listing: the committee concluded that under Canon 43 a lawyer may not purchase a directory listing except in an approved law list. If the directory circulates beyond the membership, a c…
May a lawyer submit biographical data to a 'Who's Who' type directory when listing requires paying a fee or buying a copy of the publication?
No. The committee concluded that a lawyer may not submit biographical data to a 'Who's Who' type publication if he must pay a fee or, as a prerequisite, must subscribe to purchase the completed volume…
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 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 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 appointed Acting County Attorney keep a separate law office and a private practice?
Yes. The committee concluded an Acting County Attorney appointed under 19 O.S.A. § 187 may, and indeed should, maintain a separate office for private practice, but must avoid any employment in which h…
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 lawyers form a professional corporation under Oklahoma's Professional Corporation Act and practice law in that form?
Not yet, at the time. The committee concluded that practicing law as a professional corporation does not itself violate the canons, but because the canons do not affirmatively permit it and corporate …
May a lawyer write directly to a town board that is represented by counsel to criticize its decision to appeal his case?
No. The committee concluded that writing directly to the represented town board violated Canon 9; once litigation has begun, contact with the adversary must go through its counsel, and the fact that t…
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 finance company's lawyer arrange and pay for its debtor's bankruptcy so the debt survives, and may the debtor's own lawyer take that payment?
No. The committee concluded the arrangement indicates a Canon 6 violation; the finance company's lawyer cannot also represent the debtor, the debtor's lawyer accepting the company's payment cannot giv…
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…
Browse Oklahoma Bar Association opinions by topic
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.