When a public defender is appointed for a jailed client who is released after 72 hours with no charges filed, when does the representation end?

Plain-English summary

The inquiry concerned the scope of a public defender office's representation of court-appointed clients who are released after 72 hours without charges being filed, and the office's subsequent withdrawal process. The committee was of the opinion that the attorney-client relationship comes into existence when the office is appointed to represent the client, and that the appointed lawyer is then obligated to comply with all of the Rules of Professional Conduct.

The committee was of the opinion that the scope of representation depends on the office's contract with the county and its agreement with the client, and that representation continues until the lawyer has withdrawn from representation of the client in accordance with RPC 1.15.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: When does a public defender's representation of an appointed client begin?

A: Under this 1989 opinion, on appointment. The committee said the attorney-client relationship comes into existence when the office is appointed, and the lawyer is then bound by all the Rules of Professional Conduct.

Q: Does the representation just end when the client is released without charges?

A: No. The committee was of the opinion that representation continues until the lawyer has withdrawn in accordance with RPC 1.15; release without charges does not by itself terminate it.

Q: What sets the scope of the representation?

A: The committee pointed to the office's contract with the county and its agreement with the client as defining the scope.

Background and rules framework

At the time of this opinion, Washington's RPC 1.15 governed declining or terminating representation, the subject matter the current Model Rules place in Rule 1.16. The committee read it to require that an appointed lawyer remain in the representation, subject to all of the rules, until a proper withdrawal; the contract with the county and the agreement with the client define the representation's scope.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.16 (declining or terminating representation)
• Washington RPC 1.15 (as numbered at the time of the opinion)

See also

• WA Ethics Op. 1301: Court-Ordered Continued Representation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=395

Original opinion text

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

The Committee reviewed your inquiry concerning the scope of representation by your office of court appointed clients who are released after 72 hours without charges being filed against them and your subsequent withdrawal process. The Committee was of the opinion that the attorney/client relationship comes into existence when your office is appointed to represent the client, and that the appointed lawyer is then obligated to comply with all of the Rules of Professional Conduct. The Committee was of the opinion that the scope of representation is dependent upon your contract with the county and your agreement with your client, and that representation continues until you have withdrawn from representation of the client in accordance with RPC 1.15.