Rules
Governing Disciplinary Proceedings. Chapter 1, App. 1-A
Rule 1. JURISDICTION OF THE COURT IN THE DISCIPLINE OF
LAWYERS AND THE UNAUTHORIZED PRACTICE OF LAW
RULE 1.4.MONETARY TRANSACTIONS CONTROVERSIES REGARDING FEES
(a) All members of the Bar who are required under the Oklahoma
Rules of Professional Conduct, Rule 1.15, to maintain a trust account
for the deposit of clients' funds entrusted to said attorney, shall
do so and furnish evidence thereof as hereinafter provided. The Executive
Director of the Oklahoma Bar Association shall annually mail a card
to each lawyer requesting the name of the bank or banks in which
the lawyer carries any trust account, the name under which the account
is carried and the account number. Provision will be made on the
card for a response by lawyers who do not maintain a trust account
and the reason for not maintaining said account. Lawyers shall have
thirty days from the receipt of said inquiry to respond. Information
received by the Association as a result of such inquiry shall remain
confidential unless a grievance is filed against a lawyer which,
in the opinion of the Professional Responsibility Commission, may
warrant disciplinary action in regard to the handling of said trust
account. Failure of any lawyer to respond giving the information
requested will be grounds for appropriate discipline.
(b) Where money or other property has been
entrusted to any attorney for a specific purpose, he must apply it
to that purpose. He may not avail himself of a counterclaim or set-off
for fees against any money or other property of his client coming
into his hands for such specific purpose, and a refusal to account
for and deliver over such money or property upon demand shall be
deemed a conversion. This does not apply to the retention of money
or other property otherwise coming into the hands of a lawyer and
upon which the lawyer has a valid lien for his services.
(c) Theft by conversion or otherwise of the funds of a client shall,
if proved, result in disbarment.
(d) (b) Controversies as to the amount of fees shall not be considered
a basis for charges in a disciplinary proceeding unless it is made
to appear that the amount demanded is extortionate or fraudulent.
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