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State ex rel. Oklahoma Bar Association v. Smolen

Supreme Court of Oklahoma

17 P.3d 456 (2000)

Relevant factsFree

Attorney Donald Smolen (defendant) loaned his workers'-compensation client Miles $1,200, ostensibly for travel but actually to cover living expenses after Miles's home burned down, interest-free with repayment deferred until the case concluded; when Miles later sought a new attorney for other matters, Smolen terminated the relationship, and the loan surfaced during a subsequent fee dispute, leading the Tulsa County Bar Association to report Smolen to the Oklahoma Bar Association (OBA, plaintiff) for violating Oklahoma Rule of Professional Conduct (ORPC) 1.8(e), which bars attorneys from providing financial assistance to clients in pending or contemplated litigation beyond court costs and expenses.

IssueFree

Whether, under state rules of professional conduct, a lawyer may provide financial assistance to a client in connection with pending or contemplated litigation.

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