Ethics Counsel on www.OKbar.org

OBA Ethics Counsel

Ethics Opinion No. 111

Adopted June 19, 1936

The Board is in receipt of the following inquiry:

"Would it be illegal or unethical for a member of the Bar who is also the president of board of trustees of an incorporated town, to represent such town as its attorney in necessary legal work or litigation and to be paid a fee therefor?"

In response:

Section 5963, O.S.1931, 62 Okl. St.Ann. § 371 provides:

"No board of county commissioners, nor city council, nor board of trustees of any township, or town, nor any district board of any school district in this State shall make any contract with any of its members, or in which any of its members shall be directly or indirectly interested; and that all contracts made in violation of this section shall be wholly void."

The proposed arrangement would be contrary to the public policy of the State of Oklahoma as expressed by the foregoing section of the statute.

The answer to the question is necessarily "yes."