Adopted October 16, 1998 TOPIC: SEXUAL RELATIONS[FN1] WITH A CLIENT[FN2] INQUIRY: Will a lawyer who engages in sexual relations with a client violate the Rules of Professional Conduct "Rules" if the lawyer has no pre-existing consensual sexual relationship[FN3] with the client? ABSTRACT: By engaging in sexual relations with a client, when no consensual sexual relationship… Continue reading...

Adopted August 18, 2000 TOPIC Use of Mandatory Arbitration Clauses in Attorney-Client Contracts. INQUIRY Lawyer "A" provides a retainer agreement to his client containing a clause that all disputes "arising under the retainer agreement" shall be subject to binding arbitration. ABSTRACT This inquiry raises the question whether a lawyer may permissibly include in a retainer… Continue reading...

Adopted September 15, 2000 TOPIC Improper influence and ex parte contacts with eminent domain commissioners. INQUIRY A landowner’s attorney in an eminent domain proceeding agrees to a contingency fee based upon the difference between the Commissioners’ award and the ultimate jury award or settlement. Should the landowner’s attorney or the condemning authority’s attorney be allowed… Continue reading...

Adopted December 15, 2000 TOPIC Insurance companies’ submission of invoices of insureds’ defense counsel to third party auditors. ISSUE An insurance carrier ("Insurer") which assigns the defense of its insureds ("Clients") to defense counsel ("Attorney") submits Attorney’s bills for services rendered to an outside auditor ("Auditor") for review. May Attorney agree to representation of Clients… Continue reading...

Adopted December 15, 2000 QUESTION PRESENTED: Whether a lawyer, licensed by both the Supreme Court of Oklahoma and the Supreme Court of Texas, and who is board certified by the Texas Board of Legal Specialization, and who maintains offices both in Oklahoma and Texas, may advertise that he is board certified by the Texas Board… Continue reading...

Adopted December 14, 2001 TOPIC: Law Related Business Between a Lawyer and a Client INQUIRY: May an attorney engaged by a client for counseling in estate planning and trust matters provide estate planning services to the client and (1) offer to sell to the client financial products, such as insurance or securities, which the attorney… Continue reading...

Adopted December 13, 2002 TOPIC: Non-Refundable Retainer Agreements INQUIRY: Is a non-refundable fee agreement a per se violation of the Oklahoma Rules of Professional Conduct ("ORPC")? ABSTRACT: Every attorney fee must be earned and must be reasonable. ORPC, Rule 1.5 comment [5] provides: "A lawyer may require advance payment of a fee, but is obligated… Continue reading...

Adopted December 13, 2002 TOPIC: A lawyer, who is an employee of an aircraft title company, also representing the employer's customers/clients INQUIRY: May an attorney who is employed by an aircraft company as "in-house counsel" also render title opinions for customers/clients of the aircraft title company as an independent attorney who will be paid directly… Continue reading...

TOPIC: Whether certain tasks delegated to a disbarred lawyer constitutes the unauthorized practice of law INQUIRY: Whether a "legal assistant" who previously "lost his license to practice" would be engaging in the unauthorized practice of law in violation of Rule 5.5 of the Oklahoma Rules of Professional Conduct ["ORPC"] and Rule 11.5 of the Oklahoma Rules Governing… Continue reading...

Adopted October 15, 2004 TOPIC: Advertising INQUIRY: May an attorney list or itemize in any advertising, specific amounts awarded by jury verdicts or negotiated by settlement? Or, in the alternative, would such advertising violate Rule 7.1(a), Oklahoma Rules of Professional Conduct? Would such an advertisement still constitute a violation of the Rule if the attorney… Continue reading...