Legal Ethics Opinions
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Can a lawyer run a newspaper advertisement offering divorce and civil law services?
No. The Committee unanimously concluded (10-0) that a newspaper advertisement offering 'Divorce and Civil Law Services' violates Canon 39, which limits the publishing of professional cards to reputabl…
Can a county bar association run a newspaper 'Call Your Lawyer' advertisement urging accident victims to hire a lawyer?
No. The Committee concluded (9-1) that a county bar association's 'Call Your Lawyer' newspaper advertisement would violate Canon 24, which prohibits solicitation of professional employment, and Canon …
Can a lawyer the victim consulted about serving as special prosecutor later defend the accused in the same criminal case?
No. The Committee concluded (8-0) that a lawyer whom the prosecuting witness consulted about serving as special prosecutor, and who learned her version of the facts, may not later accept employment as…
Can a patent attorney run a classified newspaper ad telling inventors to protect their inventions and giving his name and address?
No. The Committee unanimously concluded (10-0) that a classified newspaper ad directed to inventors, urging them to 'protect your invention by applying for patent' and giving a lawyer's name and addre…
Can a lawyer list his name in bold-faced type in the alphabetical or classified section of a telephone directory?
No. The Committee concluded (8-0) that listing an attorney's name in bold-faced type in either the alphabetical or classified section of a telephone directory is a form of advertising in violation of …
Can a lawyer advance or lend living expenses to a contingent-fee client to keep the client from taking the case elsewhere?
No. The Committee concluded (8-0) that advancing or lending money to a client in order to obtain or hold employment violates Canon 24.
Must a lawyer turn over to federal investigators information his investigator obtained by illegally tapping an adverse party's phone?
No. The Committee concluded (5-2) that it would violate Canon 34 for the lawyer to reveal that information to federal investigators, and it declined (8-0) to answer whether disclosure would violate an…
Can a lawyer oppose a party in a divorce-decree dispute when his new law partner originally represented that party in the divorce?
No. The Committee unanimously concluded (10-0) that it would violate Canon 6 for the lawyer to take the matter, because his partner had represented the opposing party in obtaining the original decree,…
Can a lawyer running for public office state 'Attorney at Law' on a political campaign card?
Yes. The Committee unanimously concluded (10-0) that a lawyer who is a candidate for county judge does not violate the Canons by using a campaign card stating his name, 'Attorney at Law,' and that he …
Can a law firm advertise an open house celebrating the opening of new offices?
Not by advertising it. The Committee unanimously concluded (10-0) that a firm may hold an open house for clients and friends, but advertising the event violates Canon 24's ban on solicitation by adver…
Can a plaintiff's lawyer write directly to an unrepresented adverse driver to propose a settlement within his insurance policy limits?
Yes. The Committee concluded (6-2) that it is not improper for a plaintiff's lawyer to write an unrepresented adverse party offering to settle within policy limits, noting he might avoid personal liab…
Can a lawyer act as advocate in a child custody case when his law partner earlier presided over the matter as a judge?
No. The Committee concluded (8-2) that it would violate Canon 33 for a lawyer to act as advocate in a child custody case when his partner had previously acted in a judicial capacity in the same matter…
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…
Can a lawyer help organize a collection agency, and can he call on prospective clients with a card touting his collection work?
The business is allowed, the in-person pitch is not. The Committee held (10-0) a lawyer may organize a collection agency or any legitimate business so long as he does not advertise himself as a lawyer…
Can a lawyer advertise a separate non-legal business he runs without violating the advertising rules?
Yes, within limits. The Committee concluded (9-1) that a lawyer may advertise a legitimate business he is engaged in, provided the advertisements do not, directly or indirectly, advertise him in his p…
Can a lawyer write legal articles for a trade publication, and can the articles answer readers' individual legal questions?
The articles are allowed, individualized advice is not. The Committee concluded (9-1) that a lawyer may write articles of a legal nature for a trade publication, provided he does not advise inquirers …
Can a lawyer take an insurer's subrogated claim on contingency, and also handle the insured's own deductible portion of the same claim?
Yes to the subrogated claim; the insured's portion needs the insured's request and consent. The Committee held (10-0) a lawyer may handle subrogated claims on contingency, and may also handle the insu…
Can a lawyer submit a brief to the trial judge in a pending case without sending a copy to opposing counsel?
No. The Committee unanimously concluded (10-0) that a lawyer may not file a brief covering the principal points in a pending action with the trial judge without furnishing a copy to opposing counsel; …
Can a prosecutor have a criminal defendant examined by doctors during trial without the defense lawyer's knowledge or consent?
No. The Committee unanimously concluded (10-0) that for a prosecuting attorney to have the defendant examined by doctors during trial without the knowledge or consent of defense counsel violates Canon…
Can the plaintiff's lawyer in a garnishment also file the answer for the garnishee bank?
Only with consent. The Committee unanimously concluded (10-0) that the plaintiff's lawyer would violate Canon 6 by filing an answer for the garnishee without the consent of all concerned after full di…
Can a lawyer who works as an insurance claims representative put that title and the insurer's name on his professional card?
No. The Committee concluded (8-2) that a lawyer may not include on his professional card that he is a claim representative for a named insurance company; Canon 39 limits the card to the lawyer's name,…
Can a lawyer record a telephone conversation without telling the other person it is being recorded?
Under this 1953 opinion, yes. The Committee unanimously concluded (10-0) that recording a telephone conversation without advising the other person that a record is being made would not violate the Can…
Can a lawyer's law-list listing name several clients and add 'list of references on request'?
Yes. The Committee concluded (7-3) that a professional listing in a law list may include the names of six clients and the statement 'list of references on request' without violating Canon 39.
Can a lawyer who serves as a city alderman defend criminal cases in his own city's city court?
No. The Committee unanimously concluded (10-0) that it would violate Canon 6 for a lawyer who is a city alderman to accept employment in criminal cases before the city court of his city.
Can a lawyer who examines a title abstract stamp his firm name, address, and 'Attorney at Law, Examined by' on the abstract?
The Committee did not resolve it. The members split evenly (5-5) on whether stamping a firm name and 'Attorney at Law, Examined by' on a title abstract is advertising barred by Canon 24, leaving the q…
Can a lawyer list his name and address in the advertising section of a rural and suburban directory?
No. The Committee unanimously concluded (10-0) that listing a lawyer's name and address in the advertising section of a 'rural and suburban directory' violates Canon 24, which prohibits solicitation, …
Can a law firm let its name appear on manuscript covers used for abstract work put out by an abstract company a firm member owns?
No. The Committee unanimously concluded (10-0) that a firm may not permit its manuscript covers, showing the firm's name and location, to be used on abstract supplements and other work furnished by an…
Can a plaintiff's lawyer send a settlement demand directly to a represented defendant if he copies the defense lawyer and insurer?
No. The Committee concluded (9-1) that writing directly to a represented defendant, even with copies to defense counsel and the insurer, offering to settle and warning of excess-verdict exposure, viol…
Can a lawyer state 'Tax Practice Exclusive' or a list of exclusive tax practices on his card or letterhead?
Yes. The Committee concluded (10-1) that a lawyer may carry 'Tax Practice Exclusive,' or 'State and Federal Income, Estate and Inheritance Tax Practices (Exclusive),' on his card or letterhead without…
Can a lawyer who knows of a person's unknown interest in a trust fund tell them and offer to represent them for a percentage?
He may tell them, but not solicit the work. The Committee held (9-0) that a lawyer should acquaint the person with the facts of his trust-fund interest, but making any suggestion as to employment, on …
Can the statutory newspaper notice to estate creditors include a line naming the attorney who represents the estate?
Yes. The Committee concluded (6-3) that the statutory notice to creditors of an estate may, in addition to the information the statute requires, include a line giving the name of the attorney who repr…
Can a lawyer hired by creditors to open an estate administration also collect a fee from the estate for recovering one of its assets?
Yes, on these facts. The Committee held (9-0) that a lawyer employed by creditors to take out an administration and collect their claims may take fees from the creditors and also a fee from the estate…
Can a lawyer mail an insurance company a reply card offering, at set fees, to prepare its annual statements, tax returns, and corporate filings?
No. The Committee held (9-0) that the reply card is a flagrant violation of Canon 24's bar on direct or indirect solicitation, and that justifying it as the work of an 'Insurance Consultant' would vio…
Can a lawyer list practice areas like 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card?
No. The Committee held (8-1) that listing 'Wills, Estates, Personal Injury, Insurance and Divorce' on a professional card is too broad to qualify as the 'special branches' a card may note under Canon …
Can a lawyer who drafts a client's will be named in it as executor and estate attorney, and can the lawyer also be named a beneficiary?
The Committee held (9-0) that a drafting lawyer may be named executor and attorney for the estate if no pressure is brought on the client and the appointments reflect the client's true desire, but hel…
Can a lawyer mail a client a magazine article, either with a fee statement or alone in a business envelope, that the lawyer thinks the client should see?
No. The Committee held (9-0) that both enclosing a magazine article with a statement for services and mailing the article alone in the lawyer's business envelope are an indirect form of solicitation i…
After a court-appointed attorney ad litem loses for absent defendants, can the same lawyer be hired by those defendants to reopen the judgment?
Yes. The Committee held (9-0) that a court-appointed attorney ad litem for nonresident defendants who, after judgment, is contacted by them and given evidence defending against the limitation claim ma…
Can a lawyer put a 'tax service' card in a newspaper's legal directory, and can professional cards run in a newspaper at all?
The Committee held (8-1) that a lawyer may insert 'tax service' in a card in a 'Legal Directory,' but that professional cards may not be published in a newspaper, because the State Bar had resolved in…
Can two lawyers who each keep their own clients use a joint firm name like 'Smith and Jones' if they are not actually partners?
No. The Committee held (6-3) that lawyers may not hold themselves out as partners when they are not, finding the practice a violation of Texas Canon 30 and ABA Canon 33 as interpreted in ABA Opinions …
Can a lawyer who represents a decedent's estate also file a third party's claim against that estate and seek a fee from the estate for collecting it?
No. The Committee held (9-0) that an attorney representing a decedent's estate may not file a claim for a third party against that estate and request an attorney's fee from the estate for collecting i…
Can one lawyer in a firm represent a utility before a city council while a partner in the same firm serves as the city attorney?
No. The Committee held (9-0) that a firm member may not represent a public utilities company before a city governing body while another member of the same firm serves that body as its legal advisor, b…
Can a Texas firm keep offices in several cities, list a non-Texas-licensed partner, and run separate per-city Martindale-Hubbell sketches for all its members?
The Committee held that a firm may maintain offices in several Texas cities and may list a partner or associate not licensed in Texas under stated conditions, but (8-1) may not carry separate Martinda…
Can a law firm forward a missing-heir search to a non-lawyer locating company and share in that company's contingent fee?
No. The Committee held (8-1) that a law firm may not forward a missing-person search to a non-lawyer locating concern and share in its contingent fee, because Canon 31 permits dividing fees only with …
Can a lawyer who is listed under 'Attorneys' in the yellow pages also take a separate 'Title Service' listing soliciting title insurance?
No. The Committee held (9-0) that a lawyer listed under 'Attorneys' in the telephone yellow pages may not also carry a 'Title Service' listing giving his name and soliciting title insurance, finding i…
Did a lawyer violate the fee-division rule by splitting pay with a county auditor for bond-transcript work done before he practiced law?
No. The Committee held (7-5) that a lawyer who assisted the county auditor in preparing bond transcripts, none of it done while holding himself out as practicing law, and who split the compensation wi…
Can a lawyer run a newspaper card with his name, address, phone, and a note that he has practiced in the area for 25 years?
No. The Committee held (9-0) that publishing such a card in a local newspaper violates Canon 24's bar on solicitation and Canon 39, which limits cards to reputable law lists and directories and to sta…
If two partners separately took on opposite sides of the same dispute without knowing it, can the firm keep representing one side?
No. The Committee held (7-2) that where two partners separately consulted with and accepted employment from opposing parties to a dispute, each ignorant of the other, the firm should withdraw from bot…
Can a lawyer approach city officials to get a contract to collect the municipality's delinquent taxes?
No. The Committee held that a lawyer may not contact municipal officials to secure a contract to collect the city's delinquent taxes, finding it solicitation of business barred by Texas Canon 24 and A…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.