Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Transactions with Persons Other than Clients

Rule 4.4. Respect For Rights Of Third Persons

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Adopted effective July 1, 1988.

Comments

Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons.

Code Comparison

DR 7-106 (C)(2) provides that a lawyer shall not "ask any question that he has no reasonable basis to believe is relevant to the case and that is intended to degrade a witness or other person." DR 7-102 (A)(1) provides that a lawyer shall not "take . . . action on behalf of his client when he knows or when it is obvious that such action would serve merely to harass or maliciously injure another." DR 7-108 (D) provides that "after discharge of the jury . . . the lawyer shall not ask questions or make comments to a member of that jury that are calculated merely to harass or embarrass the juror . . . ." DR 7-108 (E) provides that "a lawyer shall not conduct . . . a vexatious or harassing investigation of either a venireman or a juror."

Oklahoma Modification

None.