Ezel / Ethics Opinions / MOLEC

May appointed federal trial counsel take a private engagement for a sentence-reduction motion after the appointment ends?

Short answer Yes. On the stated facts, the opinion permits a separate private contract after the appointed representation ended at the notice-of-appeal deadline.
Bar
MOLEC
Issued
2002

Apply this to your situation

This page answers the general question as of 2002. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2002
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer's federal appointment extended through the notice-of-appeal deadline, which had passed. The client did not seek an appeal but asked the lawyer to pursue a sentence reduction privately.

On those facts, the opinion permits a contract for private representation.

In practice

The opinion approves the proposed private engagement after the stated appointed role ended.

Common questions

Q: Had the appointment ended in the opinion's facts?

A: Yes. Its stated endpoint was the notice-of-appeal deadline, which had passed.

Q: May the lawyer enter a private contract for the motion?

A: Yes, based on the information supplied to the committee.

Background and rules framework

The published answer permits the described private engagement but cites no numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney was appointed to represent a client in a federal matter. Under the terms of that agreement, Attorney’s representation lasted until the deadline for filing a notice of appeal. That deadline has passed. The client contacted Attorney and asked Attorney not to appeal the matter, but to file a motion for a reduction of sentence as private counsel. May Attorney do so?

ANSWER: Based upon the information Attorney has provided, Attorney may enter into a contract to represent the client as private counsel.

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