Must a lawyer who handled an indigent defendant's criminal appeal give the client the State-supplied trial transcript after the appeal ends?

Plain-English summary

The inquiry concerned a lawyer who represented an indigent criminal defendant on appeal from a Superior Court conviction and who, while prosecuting the appeal, came into possession of a State-supplied transcript of the lower court proceeding. The question was whether the lawyer had an ethical obligation to turn the transcript over to the former client after the appeal was decided.

The opinion concluded yes, if the client wishes the lawyer to do so. It relied on DR 9-102(B)(4), which requires a lawyer to deliver promptly to the client, as requested, any property in the lawyer's possession that the client is entitled to receive. Because the right to the transcript belongs clearly to the defendant and not the lawyer, the client is entitled to it once the employment relationship ends, if the client asks for it.

Currency note

This opinion was issued in 1982 under North Carolina's former Code of Professional Responsibility (the DR/EC framework), before the State Bar replaced the Code with the Rules of Professional Conduct (adopted 1985) and before the 2003 revisions to those Rules. The client-property and file-return principles it applied correspond to today's Model Rule 1.15 (safekeeping property) and Model Rule 1.16(d) (returning property on termination). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Does the lawyer have to give the client the State-supplied transcript?

A: Yes, if the client wants it. The opinion concluded the lawyer must deliver the transcript because the client is entitled to property in the lawyer's possession that belongs to the client.

Q: Why does the transcript belong to the client rather than the lawyer?

A: Per the opinion, the right to the transcript is clearly that of the defendant, not the attorney, so the client is entitled to it on request.

Q: When does the obligation arise?

A: The opinion framed it as arising upon the client's request after termination of the employment relationship, once the appeal is disposed of.

Background and rules framework

The opinion applied DR 9-102(B)(4) of the former Code of Professional Responsibility, the predecessor to today's Model Rule 1.15 on safekeeping client property and Model Rule 1.16(d) on returning property when the representation ends. The analysis turned on ownership: the transcript was the defendant's property, so the lawyer had to deliver it on request.

Citations and references

Rules of Professional Conduct:

• North Carolina DR 9-102(B)(4) (Code of Professional Responsibility; prompt delivery of client property)
• MR 1.15 (safekeeping property)
• MR 1.16(d) (returning client property on termination)

See also

• NC Ethics Op. CPR 3: discharged lawyer's duty to turn over the file
• NC Ethics Op. CPR 322: release of the client's file, including DSS home studies

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/cpr-315/

Original opinion text

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

Inquiry:

Does an attorney who has represented an indigent criminal defendant upon appeal from a conviction in Superior Court, and who has, in the course of prosecuting the appeal, come into the possession of a State supplied transcript of the lower court proceeding, have and ethical obligation to turn the transcript over to his former client after disposition of the appeal?

Opinion:

Yes, if the client wishes the attorney to do so. DR 9-102(B) (4) requires a lawyer to deliver promptly to the client as requested by the client any properties in possession of the lawyer which the client is entitled to receive. Since the right to the transcripts is clearly that of the defendant, not the attorney, the client is entitled to the transcript if he wishes the attorney to turn it over upon termination of the employment relationship.