Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Advocate

1. (a) seek to influence a judge, juror, prospective juror or other decision maker except as permitted by law or the rules of a tribunal;
2. (b) in an adversary proceeding, communicate or cause another to communicate as to the merits of the cause, with a judge or an official before whom the proceeding is pending except:
3. (1) in the course of the official proceeding in the cause;
4. (2) in writing if the lawyer promptly delivers a copy of the writing to the opposing counsel or to the adverse party if not represented by a lawyer;
5. (3) orally upon notice to opposing counsel or to the adverse party if not represented by a lawyer; and
6. (4) as otherwise authorized by law; or
7. (c) communicate directly or through another with a juror or prospective juror except as permitted by law or the rules of court; or

8. (d) engage in conduct intended to disrupt a tribunal.

   Comments

   Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in the ABA Model Code of Judicial Conduct, with which an advocate should be familiar. A lawyer is required to avoid contributing to a violation of such provisions. The advocate's function is to present evidence and argument so that the case may be decided according to law. Refraining from abusive or obstreperous conduct is a corollary of the advocate's right to speak on behalf of litigants. A lawyer may stand firm against abuse by a judge but should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate. An advocate can present the cause, protect the record for subsequent review and preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics. Code Comparison With regard to Rule 3.5 (a), DR 7-108 (A) provides that "before the trial of a case a lawyer . . . shall not communicate with . . . anyone he knows to be a member of the venire . . . ." DR 7-108 (B) provides that "during the trial of a case . . . a lawyer . . . shall not communicate with . . . a juror concerning the case." DR 7-110 (B) provides that a lawyer shall not "communicate . . . as to the merits of the cause with a judge or an official before whom the proceeding is pending except . . . upon adequate notice to opposing counsel . . . (or) as otherwise authorized by law." With regard to Rule 3.5 (b), DR 7-106 (C)(6) provides that a lawyer shall not "engage in undignified or discourteous conduct which is degrading to a tribunal." Oklahoma Modification Rule 3.5 of the ABA Model Rules of Professional Conduct was deleted and replaced by Florida Model Rules Committee proposed language which details more specifically the prohibited conduct. The less restrictive term "tribunal" was substituted for the term "Court" used in Florida's proposed Rule 3.5 (a). Historical Data Adopted effective July 1, 1988.

Rule 3.5. Impartiality and Decorum of the Tribunal

A lawyer shall not: