By Emily J. Hufnagel and A. Gabriel Bass

There is an effort in the Oklahoma Legislature to eliminate a significant percentage of funding utilized by Legal Aid Services of Oklahoma Inc. and Oklahoma Indian Legal Services Inc., which is currently allocated to these organizations by the state’s Legal Services Revolving Fund. Despite the dedication of pro bono and public service attorneys in Oklahoma and across the country, some 80 percent of Americans have unmet legal needs because they cannot afford to pay an attorney.¹

Throughout the year, Legal Aid Services of Oklahoma continues to address unmet legal needs of impoverished Oklahomans through its pro bono attorney referral system. Approximately 671,000 Oklahomans qualify for Legal Aid Services, which means that these individuals are living at or below 125 percent of the federal poverty guidelines.² It has been estimated that if Legal Aid Services loses funding from the Legal Services Revolving Fund, this could result in the loss of as many as 18 staff attorney positions throughout the state that handle primarily family and domestic violence cases.

At a time when the confluence of the economic crisis and jeopardized funding could leave many Oklahomans facing grave consequences, it is crucial that the private bar increase its commitment to pro bono services and funding to nonprofit legal organizations. Keep in mind that discharging bad debt for unpaid fees does not mean that you have provided pro bono representation.³ It is the act of accepting a matter for representation with the expectation of doing so at no charge or for a substantially reduced charge that defines the representation as pro bono publico ? for the public good.⁴

The ABA’s Model Rules of Professional Responsibility Rule 6.1 states:

Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.⁵

While 29 states state a specific aspirational goal in their professional responsibility code, Oklahoma does not.⁶ The Oklahoma Rules of Professional Conduct Rule 6.1, adopted in 1988, states:

A lawyer should render public interest legal service. A lawyer may
discharge this responsibility by:

1. providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations;
2. serving without compensation in public interest activities that improve the law, the legal system, or the legal profession; or
3. financial support for organizations that provide legal services to persons of limited means.⁷

Of the 29 states with specific hourly goals for annual pro bono service, eight states’ rules provide a specific monetary contribution to legal services organizations as an alternative to the hourly goal.⁸

The comments to Oklahoma Rule 6.1 clarify that the policy is intended to mirror that of the ABA House of Delegates which encourages the provision of legal representation at no charge or at a substantially reduced fee in one or more of the following areas: “poverty law, civil rights law, public rights law, charitable organization representation and the administration of justice.”⁹ The Oklahoma Supreme Court in State v. Lynch encouraged the formation of voluntary pools to represent indigent defendants, commending lawyers who provide pro bono representation:

Attorneys are licensed by the Supreme Court of Oklahoma to practice law, and an attorney owes his/her first duty to the Court. Likewise, the Court has an immediate interest in the character and function of the bar ? a good bar is necessary for a good bench. We applaud attorneys or associations of attorneys who volunteer to provide pro bono legal representation or representation of indigent defendants at rates which may be drastically under the market rate of the lawyers skills and services.¹⁰

Agreeing to provide pro bono representation does not necessarily require a long- term commitment. Representing a Section 8 or public housing tenant in an eviction case is not terribly time consuming and could prevent the client from losing housing benefits. Agreeing to represent a client in an expungement case is a manageable time commitment that could be vitally important to the person’s ability to obtain employment. Another example of an unmet need that is not going to break the bank is helping a victim of domestic violence obtain a victim’s protective order.

For the week of Oct. 25-31, 2009, the ABA Standing Committee on Pro Bono and Public Service sponsored the first National Pro Bono Celebration Week in recognition of pro bono attorneys across the nation ? to raise awareness and to recruit increased involvement. There were over 600 coordinated and registered events nationwide, with three Oklahoma-
sponsored events by the University of Oklahoma College of Law, Oklahoma City University School of Law and the Tulsa County Bar Foundation/Tulsa
County Bar Association.

For information about how you can become more involved in pro bono
representation in your area, contact your local county bar association.

Ms. Hufnagel practices in Oklahoma City with the Bass Law Firm.

Mr. Bass is president of the Bass Law Firm with offices in El Reno and Oklahoma City. He is president of the Canadian County Bar Association.

1. Schickman, Mark I., In Honor of Pro Bono Service, Perspective Daily Journal (Oct. 23, 2009).
2. U.S. Department of Health and Human Services: Administration for Children and Families ? LIHEAP Clearinghouse, http://liheap.ncat.org/profiles/povertytables/FY2010/popstate.htm (last updated Jan. 27, 2010).
3. Okla.R.P.C., Rule 6.1; William K. Warren Medical Research Center Inc. v. Payne County Board of Equalization, 1994 OK CIV APP 167, 905 P.2d 824.
4. In re Busetta-Silva, 314 B.R. 218, 227 (10th Cir, NM 2004).?
5. ABA Model Rule Prof. Conduct, Rule 6.1.
6. American Bar Association, Policies ? State Pro Bono Ethics Rules: State-by-State Pro Bono Service Rules, www.abanet.org/
   legalservices/probono/stateethicsrules.html#appendix_b (last updated March 15, 2010).
7. Okla.R.P.C., Rule 6.1
8. American Bar Association, Policies ? State Pro Bono Ethics Rules: State-by-State Pro Bono Service Rules, (last updated March 15, 2010).
9. Okla.R.P.C., Rule 6.1.
10. State v. Lynch, 1990 OK 82, 796 P.2d 1150, 1159 ? 1160.

Editor?s Note: This article was originally published 81 OBJ 959 (April 4, 2010).