| Payments of Fees by a Third Party |
| by Gina Hendryx, OBA Ethics Counsel |
| Lawyers face conflicts of interest in all facets of legal representation. Litigation or transaction, civil or criminal, no practitioner is immune from these ethical mine fields. Commonly employed but fraught with potential for conflict, the payment of legal fees by a third party is largely accepted as a proper means of securing legal representation for the client who might otherwise not have the financial means to hire an attorney. |
| Changes to Trust Account
Reporting |
| by Gina Hendryx, OBA Ethics Counsel |
| Historically when you received your dues statement, you also were required to report whether or not you maintained a client trust account with information pertaining to the location, type and number of the account. Effective Jan. 1, the method and timing of reporting trust accounts has changed. If you noticed, your dues statement this year does not include a section for reporting of trust accounts. Instead, your statement includes a separate sheet of paper detailing the manner in which you should now report additions, changes or deletions to trust accounts. |
| FDIC Announces IOLTA Changes |
| by Gina Hendryx, OBA Ethics Counsel |
| The recent economic woes coupled with the instability of some banking institutions have caused much concern about the security of client funds held by lawyers in their pooled interest-bearing trust accounts commonly referred to as IOLTA (Interest On Lawyer’s Trust Account) accounts. Effective Nov. 21, 2008, the FDIC extended the Temporary Liquidity Guarantee Program (TLGP) to client funds deposited in IOLTA accounts. All funds in an IOLTA account, regardless of size, will now be insured in full by the FDIC and backed by the full faith and credit of the U.S. government as part of the TLGP program through Dec. 31, 2009, provided the banking institution has opted to participate. |
| Taking on
Matters Adverse
to Former
Clients (Part 3) |
| by Gina Hendryx, OBA Ethics Counsel |
| This is the third installment of a three-part series on conflicts with former clients. The following will address the remedies available to the aggrieved client who believes his former attorney is acting improperly by representing a current client against the former client’s interests. |
| Taking on Matters Adverse
to Former Clients (Part 2) |
| by Gina Hendryx, OBA Ethics Counsel |
| Part one of this series delved into the ethical considerations faced when a lawyer takes on a matter that is adverse to a former client. A lawyer may not represent a present client against a former client in the same or a substantially related matter unless the former client gives informed consent, confirmed in writing. This article will consider the ethical implications when it is the lawyer’s former firm, rather that the lawyer personally, that represented someone with interests adverse to the lawyer’s client. For example, Lawyer Smith was an associate at Alpha and Beta Law Firm during the time the firm represented Client A in a nasty divorce. The case is over and A has remarried. Lawyer Smith has moved to a new firm, Omega Law Offices. Omega’s prospective client B is currently married to A and is seeking a divorce. |
| Taking on Matters Adverse
to Former Clients |
| by Gina Hendryx, OBA Ethics Counsel |
| Over the next three issues, this column will delve into the ethical considerations faced when the lawyer takes on a matter that is adverse to a former client. The lawyer’s duty to protect information relating to the representation of a client does not end with the termination of the attorney/client relationship. However, former clients are not automatically “off limits” just by the mere fact that they once were represented by the lawyer. Oklahoma Rule of Professional Conduct (ORPC) 1.9 sets out the duty owed to a former client and when an adverse representation will constitute a conflict of interest: “(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in
writing.” |
| Duties to Prospective Clients |
| by Gina Hendryx, OBA Ethics Counsel |
| When the revisions to the Oklahoma Rules of Professional Conduct (ORPC) became effective earlier this year, they included the adoption of an entirely new rule that details the ethical obligations owed to a person who consulted with a lawyer but did not subsequently engage the lawyer for representation. Rule 1.18, Duties to Prospective Client, is based upon the Model Rule of Professional Conduct that was approved by the ABA
in 2002. It sets forth when
a lawyer’s duties of confidentiality, loyalty and
confidence attach to the “prospective client.” |
| Representing Disabled Clients |
| by Gina Hendryx, OBA Ethics Counsel |
| The adopted changes to the Oklahoma Rules of Professional Conduct include expanded options for the lawyer representing a client with diminished capacity or under a disability. Rule
1.14 now includes lesser restrictive alternatives to seeking a guardianship when the client lacks the capacity to assist in the lawyer-client relationship. |
| Dim the Lights: Issues in Winding Down a Law Practice |
| by Gina Hendryx, OBA Ethics Counsel |
| This is the third and final installment highlighting changes coming to the Oklahoma Rules of Professional Conduct. On Jan.1, 2008, amendments to the Oklahoma Rules of Professional Conduct as approved by the Oklahoma Supreme Court will become effective. |
| ORPC Changes at a Glance (Part 3) |
| by Gina Hendryx, OBA Ethics Counsel |
| This is the third and final installment highlighting changes coming to the Oklahoma Rules of Professional Conduct. On Jan.1, 2008, amendments to the Oklahoma Rules of Professional Conduct as approved by the Oklahoma Supreme Court will become effective. |
| Changes at a Glance (Part 2) |
| by Gina Hendryx, OBA Ethics Counsel |
| In the August edition of the Oklahoma Bar Journal, several of the modifications to the Oklahoma Rules of Professional Conduct were highlighted. Beginning Jan.1, 2008, amendments to the Oklahoma Rules of Professional Conduct as approved by the Oklahoma Supreme Court will become effective. These changes were prompted by extensive updates to the American Bar Association’s Model Rules of Professional Conduct. |
| ORPC
Changes at a Glance |
| by
Gina Hendryx, OBA Ethics Counsel |
| Amendments to the Oklahoma
Rules of Professional Conduct as approved by the Oklahoma Supreme
Court will become effective Jan. 1, 2008. These changes were prompted
by extensive updates to the ABA’s Model Rules of Professional
Conduct. The current Oklahoma rules are based substantially on
the ABA Model Rules and the adopted amendments reflect these updates
as well as current Oklahoma modifications. |
| Interest
on Unpaid Legal Fees |
| by
Gina Hendryx, OBA Ethics Counsel |
| My client owes me a
lot of money for legal services and advanced expenses. May I charge
the client interest on the unpaid balance? |
| The
Basics of Fee Agreements |
| by
Gina Hendryx, OBA Ethics Counsel |
| The written fee agreement
is the first and most practical opportunity to define not only
what the cost of the legal representation will be but also to discern
what services the lawyer will provide and what is expected from
the client. Oklahoma Rule of Professional Conduct (ORPC) 1.5 governs
fees and fee agreements. |
| Instilling
Professionalism from the Start |
| by
Gina Hendryx, OBA Ethics Counsel |
| Over the past few years, “professionalism” has
been a topic of much discussion and debate among attorneys. Many
have attempted to define and diffuse the causes for the steady
decline in the esteem in which lawyers are held by the public.
Common perceptions of legal ethics are equally contemptuous. |
| New
OBA Panel Issues First Ethics Opinion |
| by
Gina Hendryx, OBA Ethics Counsel |
| The OBA Board of Governors
is nearing completion of its review of recommended changes to the
Oklahoma Rules of Professional Conduct. This project was prompted
by extensive updates to the ABA’s Model Rules of Professional
Conduct. |
| ORPC
Review Nears Completion |
| by
Gina Hendryx, OBA Ethics Counsel |
| The OBA Board of Governors
is nearing completion of its review of recommended changes to the
Oklahoma Rules of Professional Conduct. This project was prompted
by extensive updates to the ABA’s Model Rules of Professional
Conduct. |
Internet
Advertising
Does Your Web Site Comply with the Rules? |
| by
Gina Hendryx, OBA Ethics Counsel |
| In the constant endeavor
to get and keep clients, lawyers are continuously exploring novel
means of advertising and revisiting proven methods of the past.
Television has always been one of the most powerful media for getting
information to the public. However, the costs are prohibitive for
most practitioners. |
| Ethics Rules Undergoing Changes |
| by Gina Hendryx, OBA Ethics Counsel |
| The Rules of Professional Conduct Committee began review of the Oklahoma Rules of Professional Conduct in February 2003. Oklahoma’s present rules were adopted in 1988 replacing the previously controlling disciplinary rules. |
| Money and Ethics: Trust Accounts, Expenses, Loans, Gifts, Fee Divisions and Liens |
| by Gina Hendryx, OBA Ethics Counsel |
| A lawyer who receives money or other property from a client or third party has a fiduciary duty to protect, account for and notify upon receipt of the property. Funds should be placed in a trust account separate and apart from the lawyer’s operating account or private account. |
| Fee Agreements with Clients |
| by Gina Hendryx, OBA Ethics Counsel |
| My client owes me a lot of money for legal services and advanced expenses. May I charge the client interest on the unpaid balance? |
| Communication Obligations to Clients |
| by Gina Hendryx, OBA Ethics Counsel |
| Communicate with your clients! It is an adage that is stressed at every legal practice seminar and risk management conference. |
| Fee Splits Between Lawyers |
| by Gina Hendryx, OBA Ethics Counsel |
| Fee division among lawyers most commonly occurs when one lawyer refers a case to another lawyer. Other scenarios may include when a client’s original attorney withdraws and is replaced by a successor, or a lawyer withdraws or retires from a firm. |
| Opinion Sets Parameters for Award, Settlement Advertising |
| by Gina Hendryx, OBA Ethics Counsel |
| The Legal Ethics Committee has prepared and the OBA Board of Governors has approved Legal Ethics Advisory Opinion No. 320 pertaining to the advertising of specific amounts obtained by jury verdicts or settlement negotiations. |
| Legislative Enactment Requires Out-of-State Attorneys to Register with OBA |
| by Gina Hendryx, OBA Ethics Counsel |
| Beginning Nov. 1, out of state attorneys must first register with the Oklahoma Bar Association before filing a motion for admission with an Oklahoma tribunal. |
| Providing Financial Assistance to a Client: How Far is too Far? |
| by Gina Hendryx, OBA Ethics Counsel |
| It is not uncommon during the course of litigation for a client, especially one with a pending injury claim, to ask for financial assistance from his or her attorney. The request may be for an “advance,” “loan” or "guarantee.” |
| New Program Creates Additional Options to Attorney Discipline |
| by Gina Hendryx, OBA Ethics Counsel |
| Twelve years ago, the American Bar Association's McKay Commission's study of lawyer regulation found there was a major need to look beyond prosecution alone to reach out to those lawyers who were having problems in their dealings with clients. More creative solutions were advocated to protect the public and to assist those lawyers. |
| Can I Communicate with Another Lawyer’s Client? Compliance with Rule 4.2 |
| by Gina Hendryx, OBA Ethics Counsel |
| Oklahoma Rules of Professional Conduct 4.2 (O.R.P.C. 4.2) prohibits a lawyer from communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. |
| Retaining Liens: When Should I Use One? |
| by Gina Hendryx, OBA Ethics Counsel |
| "My client hasn't paid me in months, I can't afford to continue working on the file without compensation, so the court has approved my Motion to Withdraw. The client wants to pick up the file with all of my 'free' legal work included..." |
| To Trash or not to Trash? |
| by Gina Hendryx, OBA Ethics Counsel |
| (oringinally published in the Oklahoma Bar Journal January 17, 2004 - Vol. 75; No. 2) |
| Out with the old and in with the new….a mantra for New Year's revelers, but probably not the sagest of advice for determining when and how to discard those closed client files. |
