Judgment was entered and my client filed a pro se appeal. Do I still represent the client?

Plain-English summary

The inquiring attorney asked whether an attorney still represents a client after a judgment was entered and the client exercised the right to appeal pro se.

The panel took the position that the attorney no longer has an obligation to this client. It added that, according to the comments to Rule 1.16 of the Rhode Island Rules of Professional Conduct, the attorney should take all reasonable steps to mitigate any consequences of the termination of representation to the client, including notifying the client of the termination of representation and forwarding all correspondence and documents received from opposing counsel during the transition period.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.16 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Do I still represent the client after they file a pro se appeal?

A: Per the opinion, no. Once judgment was entered and the client exercised the right to appeal pro se, the attorney no longer has an obligation to the client.

Q: Are there still steps I should take?

A: Per the opinion, yes. Under the comments to Rule 1.16, the attorney should take all reasonable steps to mitigate the consequences of termination.

Q: What steps did the panel identify?

A: Per the opinion, notifying the client of the termination of representation and forwarding all correspondence and documents received from opposing counsel during the transition period.

Background and rules framework

The opinion applies Rhode Island Rule 1.16 (declining or terminating representation), corresponding to Model Rule 1.16, and its comments. Rule 1.16(d) directs a lawyer, upon termination, to take reasonably practicable steps to protect the client's interests, such as giving notice and surrendering papers and property. The panel treated the client's pro se appeal as ending the representation, while still requiring the transition steps the rule's comments describe.

Citations and references

Rules of Professional Conduct:

• MR 1.16 (declining or terminating representation)
• RI RPC 1.16

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-65: A Guardian's Questionable Withdrawals: Seek an Explanation, Then Withdraw
• RI EAP Op. 91-16: No Duty to Enter an Appearance for a Missing Contingent-Fee Client
• RI EAP Op. 91-77: Returned Mail Satisfies the Duty of Diligence in Locating a Client

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-80.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-80, Request #206
Issued December 4, 1991

An attorney seeks Panel advice as to whether or not an attorney still represents a client after a judgment was entered and the client exercised the right to appeal, pro se.

The Panel is of the opinion that the attorney no longer has an obligation to this client. According to the comments to Rule 1.16 of the Rhode Island Rules of Professional Conduct, the attorney should take all reasonable steps to mitigate any consequences of termination of representation to the client, including notifying the client of the termination of representation and forwarding all correspondence and documents received from opposing counsel during the transition period.