Arkansas Valley State Bank v. Phillips

In Arkansas Valley State Bank v. Phillips, 2007 OK 78, 171 P.3d 899, 904, the Oklahoma Supreme Court addressed the right to counsel in civil cases. The Court stated: "The United States and Oklahoma Constitutions provide that accused parties in criminal prosecutions have the right to the assistance of counsel. These guarantees do not extend to civil proceedings. A right to counsel may have its constitutional basis in the general constitutional guarantees of due process found in the United States and Oklahoma Constitutions. The right to counsel mandated by due process of law is generally confined to criminal prosecutions." The Oklahoma Supreme Court acknowledged a litigant "has a fundamental right to employ and be heard by counsel of his or her own choosing," but then addressed the limits of that right: "Nevertheless, the right to select one's own counsel is not absolute. A litigant's choice of counsel may be set aside under limited circumstances, where honoring the litigant's choice would threaten the integrity of the judicial process. This most often arises where an attorney's compliance with ethical standards of professional responsibility are challenged. It is this Court's nondelegable, constitutional responsibility to regulate both the practice and the ethics, licensure, and discipline of the practitioners of the law, and in doing so, to preserve public confidence in the bar and the judicial process. However, motions to disqualify counsel for failure to comply with the Rules of Professional Conduct are not to be used as procedural weapons. Disqualification is such a drastic measure that it should be invoked if, and only if, the Court is satisfied that real harm is likely to result." Id. at 905.