Can a parent direct a lawyer to stop representing the parent's minor child, and what should the lawyer do?

Plain-English summary

The committee addressed a lawyer who had been employed to represent an eight-year-old girl and was then instructed by the girl's mother to cease the representation. The committee said the lawyer's conduct should be guided by RPC 1.13, the rule on a client under a disability.

On those facts the committee concluded that, at that time, the lawyer should withdraw and that the lawyer could get a guardian appointed for the minor child. The committee added that if the guardian then wished to re-employ the lawyer to represent the girl, nothing in the Rules of Professional Conduct would prohibit the lawyer from doing so.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule on clients under a disability was renumbered and rewritten (the current Washington rule on a client with diminished capacity corresponds to Model Rule 1.14). Treat this page as historical context, not current guidance.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: Can the parent of a minor client simply order the lawyer to stop the representation?

A: The committee did not treat the mother's instruction as automatically controlling. It said the lawyer's conduct should be guided by RPC 1.13 (client under a disability) and, on the facts presented, that the lawyer should withdraw at that time.

Q: What did the committee say the lawyer could do to protect the minor?

A: The committee said the lawyer may get a guardian appointed for the minor child.

Q: Could the lawyer ever resume representing the child?

A: Yes. The committee said that if the appointed guardian wished to re-employ the lawyer to represent the girl, nothing in the Rules of Professional Conduct would prohibit it.

Background and rules framework

The opinion interprets Washington RPC 1.13 as it stood in 1986, the rule governing a client under a disability (the predecessor of the current diminished-capacity rule, which corresponds to Model Rule 1.14). The committee applied that rule to a minor child whose lawyer had been told by the child's mother to stop the representation, and framed the answer in terms of withdrawal and the possible appointment of a guardian.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.13 (client under a disability), corresponding to Model Rule 1.14 (client with diminished capacity).

See also

• WSBA Ethics Op. 1011: protective action for a client under a disability who threatens self-harm
• ABA Formal Op. 96-404: representing a client under a disability
• WSBA Ethics Op. 954: withdrawal when the lawyer cannot locate the client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=71

Original opinion text

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

Advisory Opinion: 960
Year Issued: 1986
RPC(s): RPC 1.13
Subject: Client disability; parent seeks to terminate representation of child

The Committee is of the opinion that you were employed to represent an eight year old girl, and have now been instructed by the mother of the girl to cease the representation. Under the circumstances as presented by you, your conduct should be guided by RPC 1.13. Therefore, the Committee was of the opinion that at the present time you should withdraw and that you may get a guardian appointed for the minor child. The Committee was further of the opinion that, if the guardian wished to re-employ you to represent the girl, nothing in the Rules of Professional Conduct would prohibit you from doing so.