Rule 1.8 of the Oklahoma Rules of Professional Conduct ("RPC") prohibits certain transactions which might create a conflict of interest between the lawyer and a client. The relevant portions of RPC 1.8 are as follows:
(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless:
- The transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
- The client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
- The client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer's role in the transaction, including whether the lawyer is representing the client in the transaction.
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(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
- a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and
- a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.
So, the moral of the story: If you want me to violate any Oklahoma lawyer ethics rules, don't bother contacting me. While I will fight for you in court against an insurance adjuster, I will not, under any circumstances, break any of the Oklahoma lawyer ethics rules.