The NYU Center for Labor and Employment Law is in the process of developing initiatives to help address the gap in access to civil counsel for low- and middle-income New Yorkers, particularly those who are ineligible for services through federally funded legal service providers but who still cannot afford to hire an attorney. Through law firm participation in a program providing pro bono representation short of litigation, workers could receive advice, assistance with negotiation, and other services. In conversations with management-side attorneys, as well as some direct services providers, fear of creating positional conflicts among firms representing companies was a reoccurring theme. We believe that it would be highly unlikely that this type of non-litigation representation could create a positional conflict under either the ABA's Model Rules or New York's Rules of Professional Conduct.