Pro Bono Work Can Be 'Appealing'

All of us who have been sworn in as Oklahoma attorneys have joined a noble association of professionals who care about the administration of justice in our state. It is because of us that citizens can trust in the rule of law, and for this we should be proud. However, since the last census, Oklahoma's legal aid program has been reduced in its basic funding so that now there is only one legal aid attorney for every 13,000 low-income people in our state who may qualify for their help. Everyone can do something, whether it is giving advice or representing people in court or just helping to interview those who need to have someone listen to their legal problems. There are many ways to serve and many needs to be met.

Consistent with the theme of this month's OBAJ, it is fitting that we also look at appellate practice as another way in which our profession can offer pro bono help to the poor. Although taking a case up on appeal is clearly not the most common way that Oklahoma attorneys help Legal Aid, when that is what a low income person needs there can be no greater service. A shining example of such service is OBA member Reid Mayfield of Atoka. In late 2000 a man who had become totally disabled from multiple sclerosis contacted him about a notice that he had received from the Department of Human Services.

The prospective client could no longer use any of his limbs and needed constant care, but he didn't want to live in a nursing home. DHS was threatening to cut off all of their payments to his provider because she was his ex-wife, who had moved the client into her own home in order to give him 24-hour care, disqualifying him from further help under their regulations.

Acting upon that wonderful "sense of injustice" that drives us all from time to time, Mr. Mayfield called Legal Aid to see if the case could be accepted as a pro bono referral, and he filed an action in district court to reinstate the benefits. When he was successful and DHS appealed in 2002, Mr. Mayfield defended the trial court decision before the Court of Appeals and again prevailed - helping the client to keep the payments he needed to stay out of the nursing home as he wished.

According to Mary Mosshammer, managing attorney of Legal Aid's Hugo Law Office that serves southeastern Oklahoma, "Reid is a great pro bono attorney and somebody we can always count on to be there when we need him for our low income clients in the Atoka area." By working with Legal Aid to handle the case as pro bono, attorneys such as Mr. Mayfield can get back up support, help with litigation expenses and even a discount from the OBA on a future CLE event.

Attorneys such as Reid Mayfield show that Oklahoma lawyers can "…never …reject for any consideration personal to himself the cause of the defenseless or the oppressed" as set forth in 5 O.S. 3 and still find time to carry on a private practice. We hope that more OBA members will check in with their local Legal Aid offices to see how they can help too.

Please let us know of other attorneys who are providing pro bono services and deserve to be recognized for their contributions. Submissions should be forwarded to: probono@okbar.org or Pro Bono Services Subcommittee, c/o Heidi J. Long, 204 N. Robinson, Suite 1550, Oklahoma City, OK 73102.