What are an appointed criminal defense lawyer's duties on appeal, on civil matters, on the client's file, and on disclosures in a motion to withdraw?

Plain-English summary

The lawyer represented a client in a criminal proceeding where the relationship had become very difficult, but the trial court had not permitted the lawyer to withdraw. The committee addressed several questions.

On appeal, because the lawyer had been appointed only in the criminal trial, the committee was of the opinion that the lawyer would not be ethically required to continue to represent the client on appeal, except to file and perfect the appeal and cooperate with new counsel when appointed. On civil matters, the committee was of the opinion that the lawyer is not required to assist the client, because the appointment was only for the criminal case, and there is clearly a conflict if the client wished the lawyer to assist in taking actions against the lawyer. More generally, the committee was of the opinion that the lawyer is not required to assist with matters outside the area of the appointment and should ask the court to define the requirements and limitations of the appointment.

On the client's request for the itemized time sheets the county did not want released, the committee was of the opinion that the defendant is the client and therefore is entitled to the files and records, including the time sheets. On what the lawyer could reveal to the court in support of a motion to withdraw, the committee was of the opinion that the lawyer could not disclose information that is secret or that would be damaging to the client, except as it directly relates to the need to defend against allegations made by the client. Finally, the committee determined it could not opine on whether the documents signed between the lawyer and client have the effect of a contract, because that is a legal question outside the committee's jurisdiction.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 1.6 (confidentiality) and RPC 1.7 (conflicts) correspond to Model Rules 1.6 and 1.7 and have since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Does an appointed trial lawyer have to handle the client's appeal?

A: Per the opinion, no, beyond a limited duty. The committee was of the opinion that, having been appointed only in the criminal trial, the lawyer is not required to continue on appeal except to file and perfect the appeal and cooperate with new counsel when appointed.

Q: Must the appointed lawyer help the client with civil matters?

A: No. The committee was of the opinion that the lawyer is not required to assist in civil matters because the appointment was only for the criminal case, and there is clearly a conflict if the client wanted the lawyer to take actions against the lawyer.

Q: Is the client entitled to the lawyer's itemized time sheets even though the county objects?

A: Yes. The committee was of the opinion that the defendant is the client and is therefore entitled to the files and records, including the time sheets.

Q: What can the lawyer reveal in a motion to withdraw?

A: The committee was of the opinion that the lawyer could not disclose information that is secret or damaging to the client, except as it directly relates to the need to defend against allegations made by the client.

Background and rules framework

The opinion applies the rules then numbered Washington RPC 1.6 (confidentiality) and RPC 1.7 (conflicts), corresponding to Model Rules 1.6 and 1.7. The committee tied the lawyer's obligations to the scope of the court appointment, treated a client's demand that the lawyer act against the lawyer as a conflict, and limited the lawyer's self-defense disclosures on withdrawal to what directly relates to defending against the client's allegations.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.
• Washington RPC 1.7 (conflict of interest; general rule), corresponding to Model Rule 1.7.

See also

• WSBA Ethics Op. 954: settling, filing, or withdrawing when the lawyer cannot locate the client
• WSBA Ethics Op. 1149: disclosure and withdrawal after a client's false deposition testimony
• WSBA Ethics Op. 1004: agreements limiting the scope of a firm's representation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=281

Original opinion text

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

Advisory Opinion: 1201
Year Issued: 1988
RPC(s): RPC 1.6; 1.7
Subject: Conflict of interest; client confidences and secrets; motion to withdraw; scope of representation of appointed criminal defense lawyer

The Committee reviewed the many issues raised by your letters concerning your representation of a client in a criminal proceeding wherein your relationship with a client has been very difficult, but the trial court has not permitted you to withdraw. In answer to the questions presented, the Committee had the following opinions. First, the Committee was of the opinion that since you had been appointed only in the criminal trial, you would not be ethically required to continue to represent the client on appeal, except that you would be required to file and perfect the appeal and cooperate with the new counsel when appointed. Second, the Committee was of the opinion that you are not required to assist your client in civil matters, whether against you or other parties, because you are only appointed to represent the client in the criminal case, and there is clearly a conflict if the client wished you to assist him in taking actions against yourself.

Third, the Committee was of the opinion that you are not required to assist the client with matters outside of the area of your appointment, and that you should ask the Court to define the requirements and limitations of your appointment.

Regarding the question of whether you are required to comply with your client's request to provide him with the itemized time sheets you have prepared which the county does not want released to the client, the Committee was of the opinion that the defendant is your client, and therefore is entitled to the files and records including the time sheets.

Regarding the question of what you can reveal to the Court in support of your motion to withdraw, the Committee was of the opinion you could not disclose information that is secret or which would be damaging to your client except as it directly relates to the need to defend yourself against allegations made by the client.

Finally, the Committee determined it could not give you an opinion on the question of whether the documents signed between you and the client have the effect of a contract because that is a legal question which is outside of the Committee's jurisdiction.