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OBA Ethics Counsel

Ethics Opinion No. 22

Adopted February 26, 1932

The Board of Governors is in receipt of a communication from a member of The State Bar enclosing an original postal card, addressed to a member of the Bar by another member of the Bar. The postal card is as follows:

"FOR LAWYERS, I write:

BRIEFS, in all courts, State and Federal.

FOR TRIAL WORK; and OPINIONS, on any subject.

APPEAR with you or for you, in any court, or department, or industrial commission.

Twenty-five Years Experience.

....................,

........ Building ........ City."

The inquiry is:

"Is it ethical for a man who admits that he is a lawyer to advertise by sending post cards broadcast throughout the State advising other so-called lawyers that he writes briefs in all courts; that he is prepared for trial work and opinion on any subjects and that he will appear with you or for you in any court or department or industrial commission, and that he has had twenty-five years experience?"

In answer to the inquiry:

The matter involved in the inquiry is fully covered by Opinions Nos. 3 and 4 of the Board of Governors appearing in the September, 1931, issue of the Oklahoma State Bar Journal. In those opinions it was held that the solicitation of business by a member of The State Bar by circular or advertisement or by personal communication or interview not warranted by personal relations is a violation of Rule 29 of the Rules of Professional Conduct adopted by the State Bar of Oklahoma and subjects the offending member of the State Bar to disciplinary proceedings.

The Board of Governors is of the opinion that there is no distinction between solicitation of business from the lay public and from other lawyers. See Opinion No. 36 of the Committee of the American Bar Association on Professional Ethics and Grievances.