fbpx

Oklahoma Bar Association

Home  |  Members  |  Resources  |  About

Ethics Counsel

Ethics Opinions 1979-Present

Ethics Opinion No. 315

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...

Ethics Opinion No. 316

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...

Ethics Opinion No. 317

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...

Ethics Opinion No. 318

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...

Ethics Opinion No. 319

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...

Ethics Opinion No. 320

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...

Ethics Opinion No. 321

Adopted April 20, 2006 TOPIC: Provision of ancillary or law-related services. INQUIRY: A lawyer owns an interest in a chiropractic clinic (“Clinic”) to which he refers his personal injury clients in full compliance with the disclosure, fairness and consent requirements of Rules 5.7 and 1.8(a), as well as Oklahoma Bar Association Ethics Opinion No. 316. Under these…

Continue reading...

Ethics Opinion No. 322

Inquiry: May a city councilor who is also an attorney practice before the municipal courts of the city he is serving? Opinion: It is contrary to the ethical principles embodied in the Oklahoma Rules of Professional Conduct for an attorney who is a member of the city council to practice before the municipal courts of…

Continue reading...

Ethics Opinion No. 323

Inquiry: May an attorney representing a plaintiff in a lawsuit agree in advance to indemnify his client against attorney’s fees and costs that might be awarded to the defendant in the event that the defendant is the prevailing party? Opinion: An attorney may not agree to indemnify his client against attorney’s fees and costs in the event…

Continue reading...

Ethics Opinion No. 324

Inquiry: May a law firm or lawyer contract with a client that an award of statutory awarded attorneys fees be added to the amount of damages award and that the contingency fee percentage will be taken from the aggregate of the two amounts? Opinion: A law firm or lawyer may contract with a client agreeing…

Continue reading...