CREATION
OF LEGAL ETHICS ADVISORY PANEL
AS ADOPTED BY OKLAHOMA BAR ASSOCIATION
BOARD OF GOVERNORS, MAY 12, 2006
Effective June 1, 2006
OKLAHOMA LEGAL ETHICS ADVISORY PANEL
RULES
Section 1. Creation and Duties.
There is hereby created an Oklahoma Legal Ethics Advisory Panel to serve in an
advisory capacity for members of the Oklahoma Bar Association seeking written
opinions concerning the compliance of an intended future course of conduct with
the Oklahoma Rules of Professional Conduct in the manner set forth in this Article.
Advisory opinions will serve to give guidance to lawyers on whether particular
conduct will or will not violate the Oklahoma Rules of Professional Conduct.
Section 2. Panel Membership; Term; Divisions; Vacancies.
(a) The panel shall consist of eighteen active or senior members, who shall be
in good standing, of the Oklahoma Bar Association. An active or senior member
is defined by 5 O.S. ch. 1, App. 1, Art. II, § 2. The panel member shall
have been an active or senior member of the Oklahoma Bar Association no less
than ten years prior to appointment.
(b) The Legal Ethics Advisory Panel shall, upon its members being duly appointed
and qualified, consist of two divisions. One division shall sit in Tulsa County
and one division shall sit in Oklahoma County. Each division shall consist of
nine panel members, at least six of whom shall concur in any opinion. A panel
member who does not concur may write a dissenting opinion.
(c) Each panel member shall be appointed by the President of the Oklahoma Bar
Association to serve for a term of three years, commencing on January 1 of each
year, except the initial term set forth below which shall commence on June 1,
2006. The initial panel members shall be appointed to staggered terms as follows:
six members shall be appointed for a term of one (1) year,; six members shall
be appointed for a term of two (2) years,; and six members shall be appointed
for a term of three (3) years,. Members of the panel may serve successive terms.
The initial appointments shall be made six by the President, six by the President-Elect
and six by the Vice-President of the Oklahoma Bar Association serving in 2006
(d) In the event a vacancy on the panel occurs for any reason, the President
of the Oklahoma Bar Association shall appoint a successor to fill the unexpired
term of the former panel member.
Section 3. Panel Coordinator; Opinion Requests and Limitations.
(a) A request for a legal ethics advisory opinion shall be directed to the Panel
Coordinator who shall assign the request to a division of the panel, if the requirements
of this Article are satisfied. The Panel Coordinator, who shall meet the member
qualifications under Section 2 (a) and serve for a term of one calendar year,
shall be appointed by the President of the Oklahoma Bar Association. The Panel
Coordinator shall coordinate the activities of the panel and shall be responsible
for initially determining whether a request meets the minimum requirements set
forth in this Article and the rules adopted by the panel in accordance with Section
8. Requests for an advisory opinion will be accepted only from active members
of the Oklahoma Bar Association.
(b) Requests for legal ethics advisory opinions shall relate to prospective conduct
only and shall contain a complete statement of all facts pertaining to the intended
conduct together with a clear, concise question of legal ethics. The identity
of the active member whose proposed conduct is the subject of the request, shall
be disclosed to the panel. The requesting active member may include with the
request a concise memorandum setting forth the member’s own research and
conclusions concerning the question. Following assignment of a request, the Panel
division may, by majority vote, decline to issue an advisory opinion if the request
does not raise serious ethical issues of general application or concern. If the
assigned Panel division declines to address the request, the Panel Coordinator
shall promptly notify the requester that the inquiry will not be answered.
(c) The Legal Ethics Advisory Panel shall effect timely disposition of legal
ethics inquiries assigned to it by the Panel Coordinator. Advisory opinions shall
address only whether an intended, future course of conduct would violate the
Oklahoma Rules of Professional Conduct and shall provide an interpretation of
the Rules with regard to the factual situation presented. The opinion shall not
address issues of law, the ethical propriety of past or present conduct, or a
situation that presents an actual controversy between parties. The panel may
decline to issue an opinion if the issue or question raised is the subject of
collateral litigation or a pending bar grievance. The identity of the requesting
member shall not be disclosed in the opinion.
(d) The Legal Ethics Advisory Panel may, on its own initiative and within the
parameters set forth by this Article, address an issue related to professional
conduct and promulgate an advisory opinion.
(e) Following the issuance of an advisory opinion, and before it becomes final,
it shall be published in the print version of the Oklahoma Bar Journal. The text
of each advisory opinion shall be preceded by the following note:
NOTICE: THIS ADVISORY OPINION IS SUBJECT TO REVISION OR WITHDRAWAL. Applications
requesting its modification, correction, clarification, or withdrawal must be
made in accordance with Legal Ethics Advisory Panel rules governing appeals and
received by the Panel Coordinator on or before the thirtieth day of the publication
date of the Oklahoma Bar Journal in which this opinion appears.
(f) Unless an application for the revision or withdrawal of an advisory opinion
is timely received, it shall become final. Nothing in these Rules shall prohibit
the Legal Ethics Advisory Panel, on its own motion, from reconsidering, revising
or withdrawing an advisory opinion at any time. However, for purposes of notice
under Section 3 (e) and appeal under Section 4 of these rules, any such action
shall be deemed equivalent to the issuance of an advisory opinion.
Section 4. Appeal Process.
(a) Appeal to Panel.
(1) On written application to the Panel Coordinator, a member in good standing
of the Oklahoma Bar Association may seek the modification, correction, clarification,
or withdrawal of an advisory opinion issued by the Oklahoma Legal Ethics Advisory
Panel. Applications must be received by the Panel Coordinator on or before the
thirtieth day of the advisory opinion’s publication date. The “publication
date” of an advisory opinion shall be the date on which the opinion is
first published in the Oklahoma Bar Journal.
(2) The application shall contain a plain statement of the relief sought, a proposed
advisory opinion containing the requested modification or correction and all
supporting documents and authorities upon which the application is based. Applications
for clarification of an advisory opinion shall state with specificity the portion
or portions of the opinion sought to be clarified. Applications for the withdrawal
of an advisory opinion shall state the reasons for withdrawal and contain all
supporting documentation and authorities.
(3) Failure to comply with any of the requirements stated in this Section shall
result in summary denial of the application.
(4) Upon receipt of an application made in compliance with this Section, the
Panel Coordinator shall forward the application and all accompanying materials
to the division that authored the opinion for consideration. The Panel division
shall decide whether to affirm the advisory opinion as published, or modify,
correct, clarify, or withdraw the advisory opinion. After a decision has been
made on appeal to the Panel division, no further appeal to the Panel will be
considered. The advisory opinion, whether affirmed or modified on appeal to the
Panel division, shall be published in the Oklahoma Bar Journal with a notation
that it has been affirmed or modified, and any appeal there from must be filed
with the Board of Governors of the Oklahoma Bar Association no later than thirty
days from the date of publication of the affirmed or modified advisory opinion.
(b) Appeal to Board of Governors.
(1) Appeals from a decision of the Panel division made under Section 4(a) above
may be taken in accordance with these Rules. Any such appeal shall be made in
accordance with Section 4(a)(2) and must be received by the Panel Coordinator
within thirty days from the date of publication of the previously affirmed or
modified advisory opinion.
Upon receipt of an application made in compliance with this Section, the Panel
Coordinator shall forward the application and all materials considered in the
appeal process by the Panel division to the Board of Governors for its consideration.
(2) Failure to comply with any of the requirements stated in this Section shall
result in summary denial of the application.
(3) The Board of Governors may affirm, modify or withdraw the appealed advisory
opinion. The Board of Governors may decline to consider an appeal. In the event
the Board of Governors takes no action within 60 days from the date it receives
a timely appeal, then the appealed advisory opinion shall be deemed affirmed
and final, and no further appeal shall be permitted. An advisory opinion that
is affirmed or modified shall be published in the Oklahoma Bar Journal with a
notation that the advisory opinion has been affirmed or modified by action of
the Board of Governors. In the event an advisory opinion is withdrawn, notice
of its withdrawal by action of the Board of Governors shall be published in the
Oklahoma Bar Journal, without republishing the withdrawn advisory opinion.
(c) Final Advisory Opinions.
Unless an advisory opinion is withdrawn, it shall become final upon completion
of the appeal process.
Section 5. Effect of Advisory Opinions; Publication; Distribution.
(a) The fact that a member has requested and relies upon an advisory opinion
may be taken into account by the Legal Ethics Counsel of the Oklahoma Bar Association
or by the General Counsel, Professional Responsibility Commission or Professional
Responsibility Tribunal in their disposition of complaints and in determining
whether to recommend to the Supreme Court discipline of a member. No opinion
of the Legal Ethics Advisory Panel shall be binding on any lawyer disciplinary
body. The opinions shall not be construed to be anything other than advisory
in nature.
(b) Advisory opinions that become final shall be published in the Oklahoma Bar
Journal and made available in electronic format on the Oklahoma State Courts
Network and cited as: ___ OK LEG ETH ___.
(c) The Panel Coordinator shall provide a copy of each final advisory opinion
to the Chief Justice, the President of the Oklahoma Bar Association, the Executive
Director and Legal Ethics Counsel of the Oklahoma Bar Association, the requesting
member, and the state law library. The Executive Director shall keep the original
opinion in a permanent file.
Section 6. Reimbursement; Funding.
(a) Members of the panel shall receive no compensation for their services, but
may be reimbursed for their travel and other reasonable expenses incidental to
the performance of their duties.
(b) Funds shall be provided to the panel on an annual basis in the budget of
the Oklahoma Bar Association approved by the Supreme Court, and appropriated
from the revenues of the Association by the Board of Governors, to be used by
members of the panel in the discharge of their responsibilities imposed herein.
Section 7. Non-Liability of Panel Members; Privilege.
(a) The members of the Legal Ethics Advisory Panel in acting in connection with
their service under this Article, and all others (whether or not members of the
Association) whose assistance is requested by members of the Legal Ethics Advisory
Panel in connection with rendering and issuance of advisory opinions, shall be
considered as acting officially on behalf of the Oklahoma Bar Association and
the Supreme Court of the State of Oklahoma, and shall enjoy immunity from civil
liability to the fullest extent recognized by federal and state law.
(b) An inquiry submitted to the panel shall be a privileged communication.
Section 8. Panel Rules.
The Legal Ethics Advisory Panel shall make and approve rules respecting its procedure
and all matters pertaining to its duties as set forth in this Article.
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