Is it improper for a law firm to arrange in advance that a justice of the peace will enter default judgments and continue contested cases, and does the justice practice law by doing so?

Plain-English summary

A firm of attorneys, located in a large central city, made a specialty of accumulating commercial claims and suing on them in justice courts across the state. The firm sent its petitions to the justice of the peace to file, with an arrangement that, if the defendant did not appear, the justice would render judgment against the defendant, and if the defendant did appear, the justice would, without further instructions, continue the case and notify the attorneys. The inquirer asked, first, whether this arrangement raised an ethical question for the attorneys, and second, whether the justice of the peace was practicing law in carrying it out.

On the first question, the Board concluded that no real ethical question was presented under the rules of professional conduct. On the second, the Board concluded that it could not be said the justice of the peace was engaged in the practice of law, and added that it had no jurisdiction over the actions of a judicial officer. The opinion cited no specific numbered rule.

Currency note

This opinion was issued in 1933, decades before Oklahoma replaced its original Rules of Professional Conduct (patterned on the ABA Canons of Professional Ethics) with the Oklahoma Rules of Professional Conduct (adopted 1988) and the later Ethics 2000 revisions. Questions about a lawyer's dealings with a tribunal and about the unauthorized practice of law are governed today by separate provisions of the current Oklahoma Rules of Professional Conduct. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific principle mentioned here.

Common questions

Q: Did the Board find an ethics problem in the firm's prearranged handling of justice-court cases?

A: No. The Board concluded that no real ethical question was presented under the rules of professional conduct as to the attorneys.

Q: Was the justice of the peace practicing law by carrying out the arrangement?

A: No. The Board concluded it could not be said the justice of the peace was engaged in the practice of law.

Q: Could the Board pass on the justice of the peace's conduct?

A: The Board observed that it had no jurisdiction, so to speak, over the actions of a judicial officer.

Background and rules framework

The inquiry arose under the canon-era Oklahoma Rules of Professional Conduct in force in 1933, patterned on the ABA Canons of Professional Ethics. The opinion did not cite a specific rule. It separated the question of the attorneys' conduct, which the Board treated as raising no ethical issue, from the question of whether the justice of the peace was practicing law and from the Board's authority over a judicial officer.

Citations and references

Rules of Professional Conduct:

• The opinion does not cite a specific numbered rule of professional conduct.

See also

• Okla. Bar Ethics Op. 31: Law Firm Managing a Lay Adjustment Bureau
• Okla. Bar Ethics Op. 43: Out-of-State Firm Maintaining a Permanent Office in the State
• Okla. Bar Ethics Op. 34: Incoming County Judge Continuing a Collection Business

Source

• Landing page: https://www.okbar.org/ethics/ethics-opinion-no-47/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Adopted January 27, 1933

The Board is in receipt of the following request for an opinion:

"A firm of attorneys is making a practice of bringing suits in the Justice Courts of this State and are arranging their cases as follows:

They send their petitions to the Justice of the Peace to file and arrange with him that in case the defendant does not appear that he will render judgment against the defendant, but in case the defendant does appear the Justice shall, without further instructions from the attorneys, continue the case and notify the attorneys of that fact.

Question 1. What is the ethical aspect of the arrangement so far as the attorneys are concerned?

Question 2. Is not the Justice of the Peace practicing law in carrying out this arrangement?

This firm of attorneys is located in a large city, centrally located, and make a specialty of accumulating commercial claims and conducting their law suits all over the State in the manner stated. I would be pleased to have a reply at your convenience."

In response to Question 1:

The Board is of the opinion that no real ethical question is presented under the rules of professional conduct.

In response to Question 2:

The Board is of the opinion that it cannot be said that the Justice of the Peace is engaged in the practice of law; and, of course, it has not jurisdiction, so to speak, over the actions of a judicial officer.