New Panel to Eliminate Conflict of Interest Issue

There are Oklahomans who qualify for Legal Aid Services of Oklahoma, but do not receive those services. Unfortunately, those Oklahomans who are falling through the cracks are those persons most in need of legal representation. The cause of this problem is Oklahoma’s Rules of Professional Conduct and specifically the rules governing conflicts of interest.

The typical situation is a low-income family who has utilized Legal Aid in the past for a landlord/tenant issue. Through the representation, Legal Aid has learned privileged financial information about both husband and wife. Now the wife is in need of legal services because of domestic abuse. However, due to the prior representation, there is a conflict of interest. Legal Aid is now unable to provide legal representation for the wife. The situation described is not new. It is a dilemma faced nationwide by Legal Aid service providers.

The Oklahoma County Bar Association’s Legal Aid Committee has decided to tackle this issue head-on. They are in the process of creating a “conflicts panel.” While details are being tweaked by the committee, the proposed process will work as follows:

1. Legal Aid Services receives a telephone call requesting legal services but recognizes a conflict of interest due to its prior representation of one or both of the parties.
2. The caller is referred to the “conflicts panel.”
3. A volunteer lawyer from the “conflicts panel” will conduct an in-take to determine whether the caller qualifies for services.
4. If the caller is eligible for legal services, the panel volunteer will determine what type of services are necessary.
5. If the caller merely requires legal advice, the panel volunteer can furnish brief legal advice.
6. If the caller requires legal representation, then the panel volunteer will refer the caller to a pro bono attorney.

The ultimate goal of the “conflicts panel” is to remove Legal Aid Services in those instances where there is a conflict from in between the person requesting legal services and the pro bono attorney who will ultimately furnish the legal services.

Charles Moser, chairperson for the OCBA Legal Aid Committee, says, “We know it will take time to get the process developed and worked through, but the end result will be a great benefit for those Oklahomans who are currently being denied access to our justice system.”

While formulating the “conflicts panel,” Mr. Moser and his committee studied other states to determine how they have addressed the conflict-of-interest problem. “The committee has found that most other states recognize the problem but have done little to address it. We hope that Oklahoma County’s program will be a flagship program for other states to follow.”

If you are interested in serving on the “conflicts panel,” please contact Charles Moser at Looney Nichols & Johnson, (405) 235-7641 or cmoser@lnjlaw.com.