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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May a lawyer's professional card use the title 'Judge' and describe him as an 'Experienced Receiver'?
No. The committee concluded both are improper under Canon 27; a simple professional card may carry only the lawyer's name, address, telephone, associates or firm, and a plain designation of his profes…
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…
When a firm member is the city attorney, may the firm represent private clients before the city council, its boards, or the municipal court?
No. The committee concluded such representation violates Canon 6's bar on conflicting interests; because the city attorney himself could not appear, neither can his partners, since one partner's canon…
May a part-time assistant county attorney privately represent a beer-license applicant in a hearing his own office has a duty to contest?
No. The committee concluded the representation would violate Canon 6's bar on representing conflicting interests; full-time assistants cannot practice privately at all, and even a statutorily permitte…
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 part-time city attorney run a private practice from his City Hall office and put a shingle by the door?
Yes. The committee concluded that because a small-town city attorney's salary contemplates simultaneous private practice, conducting that practice from a City Hall office is not unethical if the city …
May a lawyer running for office note on campaign literature that he is a bar member and held legal-type posts in veterans' groups?
Yes. The committee concluded that a lawyer genuinely seeking office may state his profession and his memberships and offices, including legal-type posts in veterans' organizations, on campaign literat…
May a new lawyer cooperate with an unsolicited newspaper feature story about his path through night law school?
Yes, with conditions. The committee concluded a lawyer may answer questions and supply personal data for such an unsolicited, unpaid feature, provided he insists the article be dignified, in good tast…
May a lawyer who once represented an estate's administratrix later represent heirs in a proceeding against her?
No. The committee concluded that a lawyer who formerly represented the administratrix may not represent heirs against her, even if she reposed no confidences in him, because he was in a position to ac…
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 the oil-lease purchaser's lawyer file the sale petition in a guardianship or estate that already has its own attorney of record?
The committee said the petition should formally be filed by the estate's attorney of record, though the purchaser's lawyer may draft documents and cooperate; the purchaser's lawyer must not put the sa…
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 list fields of practice like 'Probate, Land Titles, Corporations' and 'General Practice in All Courts' on his letterhead?
No. The committee concluded that listing fields of practice on a letterhead represents that the lawyer is especially qualified in those fields and is a form of advertising barred by Canon 27, whose on…
May a lawyer state on his letterhead that he is also 'counsel' for a high-ranking state official?
No. The committee concluded that noting on a letterhead that the lawyer is 'counsel' for a top state official is a form of advertising, because it suggests special political or legal qualifications, a…
May a lawyer use a neon sign outside the building or in an office window?
No. The committee concluded that a neon sign, or any sign of unusual illumination, design, or size, is obviously intended to attract attention and is advertising in violation of Canon 27.
May a lawyer defend a suit brought by someone who earlier consulted his partner about bringing that same suit but did not retain the firm over a fee disagreement?
It depends. The committee concluded the firm is disqualified only if the partner received information helpful to the defense; if the partner did not discuss the merits or acquire usable facts, the def…
May a law firm call itself 'John Doe and Associates'?
No. The committee concluded that the firm name 'John Doe and Associates' is improper under Canon 33, because 'associates' is misleading and amounts to a trade name barred in the selection and use of a…
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…
What should a lawyer do when the estate administrator he represents has concealed and sold estate property without accounting for it?
The committee concluded the lawyer should first advise the administrator-client to inventory everything, account for items sold, and make restitution; if the client refuses, the lawyer should inform t…
May a plaintiff's lawyer write directly to a represented defendant about the case without the defense lawyer's knowledge?
No. The committee concluded that a plaintiff's lawyer who writes the represented defendant directly about the merits and likely outcome of the case, without the defense lawyer's knowledge or consent, …
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 …
Can a lawyer who serves as a justice of the peace or police judge be a law partner, and can the partner file cases in that judge's court?
No. The committee withdrew Opinion 162 after finding a controlling statute it had overlooked: a justice of the peace may not office with an attorney, so he cannot be a law partner, and both questions …
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 a municipal criminal court judge practice law or keep his name in the firm name, and does long-standing custom excuse it?
No. The committee concluded the municipal criminal court is a court of record, so its judge may not practice law during his term; he may not keep his name in the firm name or on letterhead under Canon…
Is a lawyer who passively owns part of the insurance agency that wrote a defendant's liability policy disqualified from suing that defendant?
No. The committee concluded there is no conflict of interest because the lawyer never had an attorney-client relationship with the insurer; under Canon 6, disqualification for conflicting interests re…
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…
May a lawyer who has just become a judge finish the cases he had pending in state courts when he took the bench?
No. The committee concluded that a newly appointed judge of a court of record cannot complete cases pending in any Oklahoma state court, because a sitting judge is barred from practicing law; he may o…
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 county judge who is a lawyer prepare income tax returns for individuals?
No. The committee concluded that when a lawyer, judge or not, accepts employment to prepare income tax returns, he is practicing law; and because a sitting judge is forbidden by the Oklahoma Constitut…
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 county bar association run newspaper ads urging the public to use a lawyer to prepare their legal papers?
Yes. The committee concluded such institutional, educational advertising by the organized bar does not violate the Canons, adopting ABA Opinion 179's conditions, provided it teaches the value of preve…
May a lawyer practice in a court where his law partner sits as the part-time judge (justice of the peace or police judge)?
No, as to that court. The committee concluded the partnership itself was proper since the part-time judge could practice in other courts, but the partner could not practice in the court over which the…
Is a lawyer disqualified from representing a surviving partner in litigation, and what happens if the lawyer may be a witness?
On the facts given, the committee found no apparent conflict under Canon 6, so the lawyer was not disqualified from representing the surviving partner; it cautioned that if the lawyer became a necessa…
May a lawyer take over a case from the client's prior lawyer, and who decides the prior lawyer's fee?
Yes. The committee concluded a client has the absolute right to discharge counsel and substitute another, so a lawyer who did not solicit the matter does nothing unethical by accepting it; the dischar…
May a lawyer send a debtor a letter dressed up to look like court process to pressure payment before any suit is filed?
No. The committee concluded it is improper to mail a debtor an instrument resembling process before suit, because its purpose is to create the false impression that judicial proceedings have begun, co…
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…
May a law firm's letterhead advertise that its members are former public officials, such as an ex-judge or ex-U.S. Commissioner?
No. The committee concluded that a letterhead calling attention to members being ex-officeholders was self-laudation and indirect advertising that violated Canon 27.
May a county attorney (prosecutor) use the threat of criminal charges to collect a private debt, such as a bad check?
No. The committee concluded that an assistant county attorney who used his office to compel payment of a private bad-check debt by threatening criminal prosecution acted unethically and was subject to…
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 represent a claimant against a former employer when, before admission to the bar, the lawyer investigated and handled that same claim as the employer's lay claim agent?
The committee concluded no, without the former employer's consent. A claim agent who investigated a claim acquires confidential information so nearly like that of a lawyer that Canon 6's bar on repres…
May a lawyer provide legal services to members of an automobile club under a membership plan where the club pays for and limits the fee?
The committee concluded a lawyer may serve a club on matters common to all members, but furnishing legal services to individual members on their own affairs through the club ran afoul of Canon 35's ba…
May a surviving partner keep using a firm name that includes a deceased partner's name?
The Committee concluded the continued use is not unethical in itself where local custom permits it, but it is improper where the firm name would mislead by representing that the deceased is still a me…
May a newly elected county judge finish his unfinished private law practice while also performing his judicial duties?
The Committee thought the proposal of doubtful propriety, but declined to render an actual opinion because the Bar Association's authority to speak in such circumstances was highly doubtful.
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.
Is whether a lawyer's courtroom testimony was a violation of the Canons a question the ethics committee will answer?
The Committee declined to answer, concluding the question turned on the admissibility of evidence, a matter for the courts rather than the ethics committee.
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 attorney also run an insurance agency, and how must he advertise it?
The Committee concluded he may, provided the two businesses are kept separate so neither is used to procure business for the other, and he does not advertise himself as an attorney in connection with …
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 practicing lawyer also run an abstract business in the same county and share office quarters with the abstract company?
The Committee found no rule flatly forbidding it, but concluded the abstract business is so interrelated with law practice that doing both ethically would be most difficult, and it did not approve the…
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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.