Legal Ethics Opinions
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Must a criminal defense lawyer who spots a fatal defect in the indictment point it out to the court or prosecutor?
No, by majority. The Committee concluded (6-4) that a lawyer defending a criminal case is not required to call attention to a fatal defect in the client's indictment; there is no obligation to help…
Can a claimant's lawyer write the unrepresented tortfeasor about the claim, and how much can the letter say about the law and the recipient's position?
The Committee unanimously agreed a claimant's lawyer may write the unrepresented opposing party to notify him of the claim and suggest he seek counsel, but a majority (5-3) held the letter at issue…
Can a lawyer display or hand out photocopies of large settlement or jury-award checks to advertise results?
No. The Committee unanimously concluded (8-0) that making photocopies of sizeable settlement or award checks bearing the lawyer's name, exhibiting them in the office, or letting clients keep copies…
Can an accounting firm keep a lawyer on staff to provide legal services to the firm's clients?
No. The Committee unanimously (8-0) approved ABA Opinion 272: a lawyer may be salaried by an accounting firm to advise the firm itself, but the employment may never be used to enable the accounting…
Can patent lawyers list their names in a telephone directory under a separate 'Patent Lawyers' heading in addition to the general 'Attorneys' listing?
No. The Committee unanimously (8-0) followed ABA Opinion 53 and held that a lawyer's telephone-directory listing is limited to one section under the general head 'Attorneys' or 'lawyers'; listing…
Can a county attorney who prosecutes misdemeanors take paid employment as a special prosecutor in felony cases in the same county?
Yes, conditionally. A majority of the Committee (5-3) concluded that if the county attorney has no duty to prosecute or assist in prosecuting felony cases, the Canons do not prohibit him from…
Can a justice of the peace practice law as an advocate in cases that arose in his own court or in other courts?
Largely no. The Committee unanimously (8-0) concluded it is improper for a justice of the peace to participate in any case originating in his court or any other justice-of-the-peace court, improper…
Can a law firm seek a pardon or parole for a prisoner when a firm member, as a former district attorney, prosecuted and convicted that prisoner?
The Committee deadlocked. It split evenly (4-4) on whether a firm may accept employment seeking a prisoner's pardon or parole when a member of the firm, as the former district attorney, prosecuted…
Can a lawyer representing a client in one case take on an unrelated case suing that same client?
It is a very close question on which the Committee divided. A plurality concluded that where a lawyer's employment is limited to one case, accepting employment against that client in a wholly…
Can a lawyer add a line to his telephone-directory listing stating that he is a member of a local bar association?
No. The Committee concluded (6-2) that listing 'Member [local] Bar Association' under a lawyer's name in the attorneys section of a telephone directory is improper advertising under Canon 24.
Can a lawyer use postage-meter slogans urging civic participation, like 'please vote' or 'Give to the Heart Fund,' without it being improper advertising?
Yes. A majority of the Committee (7-1) saw nothing improper in lawyers using postage-meter slogans that encourage civic participation, with most regarding the practice as praiseworthy rather than…
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…
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…
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…
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…
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…
Can a lawyer run a classified newspaper ad asking 'Is it wise to settle?' and urging people who are sued or have a claim to seek a lawyer's advice?
No. The Committee concluded (7-1) that a San Antonio classified ad reading 'Is it wise to settle? If sued or have a claim, a lawyer's advice is helpful' violates Canons 24 and 25, applying its…
Can a lawyer run a separate sideline business and mention on its letterhead that he is an attorney?
Partly. The Committee unanimously (8-0) concluded a lawyer may conduct another business that is completely divorced from his law practice, but referring on that business's letterhead to his status…
When a client hires new counsel and demands the file, must the lawyer hand over everything, including his own work sheets, or may he keep some of it?
The Committee unanimously (8-0) concluded the lawyer need not deliver his entire file: he should retain matters purely personal to him and turn over only papers that affect the client's rights or…
Can a plaintiff's lawyer take a written statement from the defendant after suit is filed but before the defendant answers?
The Committee unanimously (8-0) concluded that taking a written statement from the opposing party would violate Canon 9 if the defendant were represented by counsel, and that even with an…
If a lawyer is also a city judge, what matters are off-limits for him and his firm, and when must he recuse from cases involving firm clients?
The Committee unanimously (6-0) answered all five questions in the affirmative: a city judge and his firm may not represent parties in matters tied to his judicial role (civil suits ancillary to…
Can a lawyer who represented a guardian of an estate keep representing that guardian when a successor guardian contests the first guardian's accounts?
Yes. The Committee concluded (7-1) that having represented the former guardian in administering the estate does not preclude the lawyer from representing that guardian against a successor guardian's…
Can a lawyer who works as a landman use letterhead and drafts that show only his name, address, and 'oil,' without indicating he is an attorney?
Yes. The Committee concluded (7-0) that it would not violate the Canons for an attorney acting as a landman to use stationery that does not indicate he is an attorney.
Can a district attorney prosecute defendants his former law firm was hired to defend, even though he never actively worked on the case?
No. The Committee concluded (7-0) that it would violate Canon 6 for a district attorney to represent the State against defendants his former firm had been employed to defend, because he was their…
Can a lawyer mail an announcement stating he specializes in administrative and labor law and is a resident partner of an out-of-state firm?
No. The Committee concluded (7-1) that the announcement violates the Canons because Canon 42 allows a specialty announcement only for service rendered directly and only to other lawyers,…
Can one lawyer represent both a deceased man's widow and his unremarried former wife (the mother of his minor children) in the same damages suit?
No. The Committee concluded (8-1) that because a potential conflict exists between the rights of the widow and those of the minor children, it would violate Canon 6 for one attorney to represent all…
Can a lawyer be credited in a school annual or civic program as a contributor with a notation that he is an attorney?
Not with the lawyer notation. The Committee concluded (8-1) that adding a statement that the contributor is an attorney to a school-annual or civic-program acknowledgment is advertising barred by…
Can a district attorney prosecute a husband for child desertion while also representing the wife in her divorce action?
No. The Committee unanimously concluded (9-0) that prosecuting the husband for the State while taking private employment for the wife in a closely related divorce is a representation of conflicting…
Can a sitting city judge take private employment to appear before the city council seeking a zoning change for a client?
No. The Committee held (5-4) that it would violate Canon 6 for a city judge to accept private employment to appear before the city council to seek amendment of a zoning ordinance.
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…
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…
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,…
Can a lawyer who is a city council or county board member sue that same city or county on behalf of a private client?
The opinion concluded the lawyer should not. An attorney who serves on a city council or county board cannot give undivided loyalty both to the governing body and to a client suing that body, so…
In a subrogation suit, can the liability insurer's lawyer pressure the insured against his own interest, and can the lawyer deal directly with the nominal plaintiff?
Only with full disclosure as to the insured. The Committee held (8-2) the lawyer may not warn the insured of policy cancellation without full disclosure and a suggestion to get his own counsel, and…
Can a lawyer's professional card describe him as a 'Personal Injury and Workmen's Compensation Lawyer'?
No. The Committee concluded (7-3) that a professional card describing the lawyer as a 'Personal Injury and Workmen's Compensation Lawyer' violates Canons 24 and 39, because those are not recognized…
Before filing suit, can an injured client's lawyer write an unrepresented tortfeasor to offer settlement within policy limits, and warn of excess-judgment exposure?
The offer is allowed, the threat is not. The Committee held (9-1) it is not improper to write an unrepresented tortfeasor offering compromise within policy limits, but unanimously (10-0) that…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.