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Articles by the General Counsel

For Lucre or Malice
By Dan Murdock, OBA General Counsel

I was admitted to the practice of law in of Oklahoma by the Oklahoma Supreme Court on Aug. 17, 1973. I remember the day well. It was a Friday. My wife was in the hospital just having given birth on that Tuesday to our first child. She missed the event. I remember sitting at the very back of the House of Representatives chambers near the door with my law school classmate and friend Terry Pansza. We sat at the back, near the door, because we were told that would get us out quickly so we could sign the Roll of Attorneys, get our certificates and be done.

I remember standing before the Supreme Court and taking an oath. But how many of us now remember what that oath says? Although we remember the day, do we really remember what we solemnly swore we would do? As I sit at my desk, that framed document is on the wall nearby. I can easily read the names of the justices of the Supreme Court who signed it on that day. But, as my eyes are first drawn to the signatures, I look closer. The oath that I took is incorporated into that certificate. It should constantly, on a daily basis, refresh our memory of what we promised and swore to do on one of the most important days of our lives. I admit that I do not read the oath daily or even monthly. Probably not even yearly. But as I attend the twice-yearly ceremonies admitting new lawyers to the practice of law, I am reminded in a wonderful way. The admittees are happy, eager to start a new adventure, and have a positive impact on the lives of others. Their energy and anticipation for the future is quite evident.

I note several things about our oath. 5 O.S. §2 begins, “Upon being permitted to practice law as attorneys and counselors at law . . .” We have been given permission. Additionally, the oath continues, “will act in the office of attorney in this court according to your best learning and discretion.” Those words have special meaning; we have been given special permission, we do hold a special office. My certificate says more. It concludes by stating, “In virtue of which (taking the oath) he is entitled to exercise and enjoy all the rights, privileges, and powers of an attorney and counselor of the Courts named.” We must continue to renew that oath daily to be constantly reminded of the role that we have in our society.

I haven’t forgotten the day that I was admitted. I don’t need a reminder of the memories of that day. But, like most everyone else, I need a constant reminder of my oath, of the privilege we are permitted, and of my office as an attorney and counselor.

I usually don’t eat canned chili, but if asked when is the last time you read your oath, someone, in response, would tell you, “Well, that’s too long.”

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