OLERE - Oklahoma Legal and Ethical Responsibilities Rules of Professional Conduct Questions and Answers 1 — Questions and Answers
Question 1: An Oklahoma attorney is representing a client in a personal injury case on a contingent fee basis. Which of the following is an absolute requirement for the fee agreement under the Oklahoma Rules of Professional Conduct (ORPC)?
- The agreement must be verbally explained to the client in the presence of a witness.
- The agreement must be in writing and signed by the client. (Correct answer)
- The attorney must file a copy of the agreement with the court at the inception of the case.
- The contingency fee percentage cannot exceed 33.3% of the recovery.
Correct answer: The agreement must be in writing and signed by the client.
According to Rule 1.5(c) of the Oklahoma Rules of Professional Conduct, a contingent fee agreement must be in writing and signed by the client. It also must state the method for determining the fee, the percentages that will accrue to the lawyer, and how expenses will be handled.
Question 2: An attorney in Tulsa learns confidential information from a client indicating the client's intent to commit a future crime that is reasonably certain to result in substantial bodily harm to another person. According to the ORPC, the attorney's professional responsibility is to:
- Immediately withdraw from the representation without disclosing the information to anyone.
- Maintain absolute confidentiality as the information is privileged.
- Disclose the information to the potential victim only if the client consents.
- Reveal the information to the extent the lawyer reasonably believes necessary to prevent the harm. (Correct answer)
Correct answer: Reveal the information to the extent the lawyer reasonably believes necessary to prevent the harm.
Rule 1.6(b)(1) of the ORPC permits a lawyer to reveal confidential information to prevent reasonably certain death or substantial bodily harm. This is a specific exception to the general duty of confidentiality. The lawyer is permitted, but not required, to make this disclosure.
Question 3: A lawyer represents two co-defendants in a criminal matter. A conflict of interest arises when one co-defendant is offered a plea deal in exchange for testimony against the other. What must the lawyer do to continue representing both clients under the ORPC?
- The lawyer can never continue to represent both clients once a conflict arises.
- The lawyer must get informed consent, confirmed in writing, from both clients after explaining the risks and alternatives. (Correct answer)
- The lawyer need only inform the judge of the conflict and proceed as the court directs.
- The lawyer can continue representing both as long as they believe they can act impartially.
Correct answer: The lawyer must get informed consent, confirmed in writing, from both clients after explaining the risks and alternatives.
Under ORPC Rule 1.7, a lawyer may represent clients with a concurrent conflict of interest only if the lawyer reasonably believes they can provide competent and diligent representation to each client, the representation is not prohibited by law, the representation does not involve a claim by one client against another in the same litigation, and each affected client gives informed consent, confirmed in writing.
Question 4: Which of the following forms of solicitation is generally prohibited for an Oklahoma lawyer seeking pecuniary gain under the Rules of Professional Conduct?
- Sending a truthful, non-deceptive direct mail advertisement to a prospective client.
- Placing a television advertisement that includes client testimonials with appropriate disclaimers.
- Making an in-person, unsolicited offer of employment to a potential client at an accident scene. (Correct answer)
- Contacting a former client by telephone to offer services for a new legal matter.
Correct answer: Making an in-person, unsolicited offer of employment to a potential client at an accident scene.
Rule 7.3(a) of the ORPC prohibits a lawyer from soliciting professional employment by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer's pecuniary gain, unless the person contacted is another lawyer, a family member, or has a prior professional relationship. Soliciting at an accident scene falls squarely within this prohibition.
Question 5: An attorney in Oklahoma City wants to enter into a reciprocal referral agreement with a local certified public accountant (CPA). According to ORPC Rule 7.2, which of the following conditions must be met for this agreement to be permissible?
- The agreement must be exclusive, ensuring the CPA only refers clients to this attorney.
- The attorney must pay the CPA a small, fixed fee for each client referred.
- The client must be informed of the existence and nature of the referral agreement. (Correct answer)
- The agreement must be filed with and approved by the Oklahoma Bar Association.
Correct answer: The client must be informed of the existence and nature of the referral agreement.
ORPC Rule 7.2(b)(4) permits a lawyer to refer clients to another lawyer or nonlawyer professional pursuant to an agreement, provided that the reciprocal referral agreement is not exclusive and the client is informed of the existence and nature of the agreement.
Question 6: Under the Oklahoma Rules of Professional Conduct concerning communication (Rule 1.4), which of the following is a lawyer required to do?
- Follow the client's instructions on every tactical decision during a trial.
- Provide the client with daily updates on the status of their case, regardless of developments.
- Promptly inform the client of any decision or circumstance requiring the client's informed consent. (Correct answer)
- Withhold upsetting or negative information from the client to avoid causing them distress.
Correct answer: Promptly inform the client of any decision or circumstance requiring the client's informed consent.
ORPC Rule 1.4(a)(1) explicitly requires a lawyer to "promptly inform the client of any decision or circumstance with respect to which the client's informed consent...is required." This is a core component of keeping the client reasonably informed and allowing them to participate effectively in the representation.
OLERE - Oklahoma Legal and Ethical Responsibilities Rules of Professional Conduct Questions and Answers 1
An Oklahoma attorney is representing a client in a personal injury case on a contingent fee basis.
Which of the following is an absolute requirement for the fee agreement under the Oklahoma Rules of Professional Conduct (ORPC)?