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| Title 5. Attorneys and the State Bar |
Oklahoma Statutes Citationized
Title 5. Attorneys and the State Bar
Chapter 1 - Attorneys and Counselors
Appendix 3-A - Oklahoma Rules of Professional Conduct
Article Law Firms and Associations
Section Rule 5.4 - Professional Independence of a Lawyer
Cite as: O.S. §, __ __
Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Law Firms and
Associations
Rule 5.4.
Professional Independence of a Lawyer
(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(1) an agreement by a lawyer with the lawyer's firm,
partner, or associate may provide for the payment of money, over a reasonable
period of time after the lawyer's death, to the lawyer's estate or to one or
more specified persons;
(2) a lawyer who
purchases the practice of a deceased, disabled, or disappeared lawyer may,
pursuant to the provisions of Rule 1.17, pay to the estate or other
representative of that lawyer the agreed-upon purchase price;
(2A) a lawyer who undertakes to complete unfinished legal
business of a deceased lawyer may pay to the estate of the deceased lawyer that
proportion of the total compensation which fairly represents the services
rendered by the deceased lawyer;
(3) a lawyer
or law firm may include nonlawyer employees in a compensation or retirement
plan, even though the plan is based in whole or in part on a profit-sharing
arrangement; and
(4) [The concept of this
subsection of the ABA Model Rule is addressed in the Comment.]
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
(c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.
(d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:
(1) a nonlawyer owns any interest therein, except
that a fiduciary representative of the estate of a lawyer may hold the stock or
interest of the lawyer for a reasonable time during
administration;
(2) a nonlawyer is a corporate
director or officer thereof or occupies the position of similar responsibility
in any form of association other than a corporation; or
(3) a nonlawyer has the right to direct or control the
professional judgment of a lawyer.
Comment
[1] The
provisions of this Rule express traditional limitations on sharing fees. These
limitations are to protect the lawyer's professional independence of judgment.
Where someone other than the client pays the lawyer's fee or salary, or
recommends employment of the lawyer, that arrangement does not modify the
lawyer's obligation to the client. As stated in paragraph (c), such arrangements
should not interfere with the lawyer's professional judgment.
[1A] Subsection (a) does not prohibit a lawyer from voluntarily sharing court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter. This shall not be deemed a sharing of attorneys fees.
[2] This Rule also expresses traditional limitations on permitting a third party to direct or regulate the lawyer’s professional judgment in rendering legal services to another. See also Rule 1.8(f) (lawyer may accept compensation from a third party as long as there is no interference with the lawyer’s independent professional judgment and the client gives informed consent.)
Historical Data
Amended by order of the Supreme Court, 2007 OK 22; effective January 1, 2008. (superseded document available )
Citationizer© Summary of Documents Citing This Document| Cite | Name | Level |
|---|
| None Found. |
| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 2007 OK 22, 171 P.3d 780, | IN RE: APPLICATION OF THE OBA TO AMEND THE RULES OF PROFESSIONAL CONDUCT | Cited | |
| Title 5. Attorneys and the State Bar | |||
| Cite | Name | Level | |
| 5 O.S. Rule 5.4, | Professional Independence of a Lawyer | Cited | |