Oklahoma Bar Association

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Ethics Counsel

Ethics Opinions 1979-Present

Ethics Opinion No. 295

Adopted March 16, 1979 QUESTION A client for whom you or a member of your law firm has done work comes to the law office and requests that all of his files be delivered to him. Is the lawyer or firm required to deliver the complete file to the client or is the lawyer required…

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Ethics Opinion No. 296

Adopted May 16, 1980 QUESTION It is proper for an attorney to acquire a mortgage or security interest in the property of his client to secure the client’s obligation to pay the attorney’s fee when that property is the subject of litigation in which the attorney represents that client? The relevant provisions of the ABA…

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Ethics Opinion No. 297

Adopted May 16, 1980 QUESTION It is proper for an attorney to acquire a mortgage or security interest in the property of his client to secure the client’s obligation to pay the attorney’s fee when that property is the subject of litigation in which the attorney represents that client? The relevant provisions of the ABA…

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Ethics Opinion No. 298

Adopted 1980 INQUIRY 1. May an attorney act as an executor for an estate and serve as the attorney for the estate? 2. If the attorney may serve both as the executor and attorney for the estate, may he charge for his services rendered in each position? OPINION The answer to Inquiry No. 1 is…

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Ethics Opinion No. 299

Adopted September 18, 1981 (Readopting Advisory Opinion No. 41 Promulgated November 25, 1932) OPINION In a recent disciplinary proceeding there was incidentally involved a contract between a member of the bar and his client wherein the attorney’s fee was made contingent upon success in securing a decree of divorce for his client, and the amount…

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Ethics Opinion No. 300

Adopted September 18, 1981 INQUIRY May a firm use or continue to include in its name, the name or names of one or more deceased or retired members of the firm? OPINION This practice is permissible. It is authorized by Disciplinary Rule 2-102(b) of the Code of Professional Responsibility, 5 O.S.1981, Ch. 1, App. 3,…

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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…

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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.…

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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…

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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…

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