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Ethics Counsel

Ethics Opinions

Ethics Opinion No. 301

Adopted June 16, 1983 INQUIRY May the files of an attorney (deceased or not) be turned over to a historical or educational institution because the files contain matters of historical significance? OPINION No. The files probably contain confidences and secrets of clients which are protected under our Code of Professional Responsibility. If consent is obtained… Continue reading...

Ethics Opinion No. 302

Adopted September 13, 1985 INQUIRY May a lawyer who serves as a judge of a court not of record act as defense counsel in criminal cases filed in other courts? OPINION A lawyer who serves as a judge of a court not of record may act as defense counsel in criminal cases in other courts.… Continue reading...

Ethics Opinion No. 303

Adopted 1986 QUESTION PRESENTED May a lawyer, with the consent of the laywer's [sic] clients, cause interest on clients' funds deposited in a trust account to be paid to a third-party entity which is exempt from Federal income taxation under IRC § 501 (c)(3) or (c)(6)7 ANSWER A lawyer could, with the written consent of… Continue reading...

Ethics Opinion No. 304

Adopted November 17, 1989 INQUIRY Is it unethical for a lawyer to have ex parte communications with the physician for an adverse party? OPINION The Legal Ethics Committee of the Oklahoma Bar Association was asked whether a lawyer in a personal injury case violates the Oklahoma Rules of Professional Conduct by communicating on anex parte basis with an… Continue reading...

Ethics Opinion No. 305

Adopted December 18, 1992; Withdrawn: November 18, 1994 The Board voted to withdraw Legal Ethics Opinion No. 305 which was published in the May 28, 1994 issue of the Bar Journal, pages 1751-1753 INQUIRY If a lawyer is either an elected official or an employee (full or part-time) of a municipality or one of its… Continue reading...

Ethics Opinion No. 306

Adopted December 18, 1992 INQUIRY Is it per se unreasonable for an attorney to take as a fee a percentage of the client's own med-pay when the insurance company has not denied coverage? OPINION Further inquiry has developed that the issue involved is a practice of treating payments made under the "medical payments" provision of… Continue reading...

Ethics Opinion No. 307

Adopted March 5, 1994 INQUIRY Is it unethical for an Oklahoma licensed attorney or anyone acting on his/her behalf, while engaged in the practice of law, to record conversations with persons without obtaining the consent of those persons to the recording? OPINION Lawyers have the same rights as other citizens, and may therefore record conversations… Continue reading...

Ethics Opinion No. 308

Adopted December 9, 1994; Withdrawn: March 17, 1995 [The Board withdrew the following Legal Ethics Opinion No. 308 and requested the OBA Legal Ethics and Unauthorized Practice Committee to restudy the opinion.] INQUIRY May a lawyer engage in a sexual relationship with a client, or a client's representative, during the time when the lawyer is… Continue reading...

Ethics Opinion No. 309

Adopted March 27, 1998 TOPIC: REPRESENTATION OF INSUREDS BY LAWYERS WHO ARE EMPLOYEES OF A LIABILITY INSURER ABSTRACT: A lawyer who is employed by a liability insurer may represent his employer's insured, provided the lawyer discloses all limitations upon the representation, the insurer does not interfere with the lawyer's independence of professional judgment, the lawyer… Continue reading...

Ethics Opinion No. 310

Adopted March 27, 1998 TOPIC: ADVERTISING; SOLICITATION BY LAWYERS ABSTRACT: Over the last two decades, laws governing lawyer advertising and solicitation have become liberalized. Legal ethics advisory opinions, which predate significant changes in those laws, may be, in whole or in part, outdated, and should therefore not be relied upon, to the extent they are… Continue reading...