The Oklahoma Bar Journal April 2023

(2) a transfer of the represen

of any cases or representations to a lawyer who is not able to take those cases or representations by virtue of the conflict rules ORPC 1.7 through 1.10 or any other rule. Section (b) (4) requires the nec essary judicial approval of any transfer of representation. Paragraph (c) contains the requirements for the seller’s notice to each client whose representa tion is proposed to be transferred. The written notice to clients given by the seller or a representative on the seller’s behalf must contain the following information: (1) a sale of the entire practice, or the entire area of practice, is proposed;

selling lawyer may assist the pur chaser with matters relating to the orderly transition of cases between the two lawyers. ORPC 1.17(b) seeks to protect clients of the seller when a law firm is sold. These sections prevent lawyers from treating clients as property to be divided. Section (b) (1) makes clear that lawyers must have a client’s consent before any representation may be trans ferred to the purchasing lawyer. Section (b) (2) further protects clients by requiring that the seller reasonably believes or has reason able assurances that the purchasing lawyer is competent to handle the matters transferred in the sale. Section (b) (3) prohibits the transfer

tation of such client to a specified lawyer, lawyers, or law firm is contemplated;

(3) the client has the right to take possession of the file and retain other counsel; (4) the existence and status of any funds or property held for the client, including but not limited to, retainers or other prepayments; and (5) the fact that the client’s consent to the transfer of the client’s files will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of the date of the notice.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL