Group,

An attorney represents two (2) municipalities, both located within
Oklahoma.  The first municipality hired a police officer, and sent the
officer to CLEET and paid for the training.  While still within his first
year following his initial appointment, the police officer resigned and was
subsequently hired by the second municipality.  70 OS 3311(N) requires the
second municipality to reimburse the first municipality for the cost of
CLEET training and salary paid to the police officer while he completed
CLEET (the basic police course).  The attorney has reviewed both Oklahoma
Rules of Professional Conduct 1.7 and 1.8, and it appears that the attorney
cannot represent either municipality regarding this matter, or at least
cannot do so without obtaining informed, written consent from both
municipalities to do so.  The first municipality brought this matter to the
attorney's attention; the second municipality has not yet addressed the
matter, to-date.  Should the attorney advise both municipalities to seek
alternate, conflict-free counsel to address this issue?  Thanks for any
insight on this matter that you all may have.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.com
Office Hours:  Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 p.m.,
Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m.

Sometimes as an attorney and counselor we sometimes give non-legal advice.  Legally, the attorney could obtain informed consent.  As counselor for both cities, I would be inclined to recommend separate attorneys.  Why?  So that the municipality that loses on the issue will not feel like it should have had an attorney who advocated their position more strenuously.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: D. David Haggerty ddavidhaggertylaw@gmail.com
Sent: Monday, November 21, 2022 2:11 PM
To: oama@lists.imla.org
Subject: [Oama] Conflict of Representation Involving Two Municipalities

Group,

An attorney represents two (2) municipalities, both located within Oklahoma.  The first municipality hired a police officer, and sent the officer to CLEET and paid for the training.  While still within his first year following his initial appointment, the police officer resigned and was subsequently hired by the second municipality.  70 OS 3311(N) requires the second municipality to reimburse the first municipality for the cost of CLEET training and salary paid to the police officer while he completed CLEET (the basic police course).  The attorney has reviewed both Oklahoma Rules of Professional Conduct 1.7 and 1.8, and it appears that the attorney cannot represent either municipality regarding this matter, or at least cannot do so without obtaining informed, written consent from both municipalities to do so.  The first municipality brought this matter to the attorney's attention; the second municipality has not yet addressed the matter, to-date.  Should the attorney advise both municipalities to seek alternate, conflict-free counsel to address this issue?  Thanks for any insight on this matter that you all may have.

D. David Haggerty
OBA #21201, CBA #193, SBT #24086687

D. David Haggerty, PLLC
Attorney At Law
121 N. 3rd Ave.
Durant, OK  74701
Office #:  (580) 924-0405
Email:  ddavidhaggertylaw@gmail.commailto:ddavidhaggertylaw@gmail.com
Office Hours:  Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m.