What are a public defender's and the office supervisor's duties when caseloads grow too large to provide effective representation?
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This page answers the general question as of 1990. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned the caseloads of lawyers in a public defender office. The committee was of the opinion that RPC 1.1, 1.3, and 6.2 require that a lawyer not accept case assignments that exceed the lawyer's ability to provide effective representation.
The committee was further of the opinion that the supervisor of a public defender office is obligated by those rules, as well as RPC 5.1(a) and (c)(1), to refuse to accept cases that would exceed the office's ability to provide effective representation.
Currency note
This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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: Must a public defender turn down cases when the caseload is too high?
A: Under this 1990 opinion, yes. The committee was of the opinion that RPC 1.1, 1.3, and 6.2 require a lawyer not to accept assignments that exceed the lawyer's ability to provide effective representation.
Q: Does the duty fall on the individual lawyer or the office?
A: Both. The committee was of the opinion that the office supervisor is also obligated, under RPC 5.1(a) and (c)(1), to refuse cases that would exceed the office's ability to provide effective representation.
Background and rules framework
RPC 1.1 (competence) and RPC 1.3 (diligence) set the individual lawyer's baseline; RPC 6.2 addresses accepting appointments. RPC 5.1, Washington's version of ABA Model Rule 5.1, makes a supervising lawyer responsible for ensuring others in the office conform to the rules. The committee read these together to require both the individual public defender and the office supervisor to decline assignments that exceed the capacity to provide effective representation.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.1 (competence)
- ABA Model Rule 1.3 (diligence)
- ABA Model Rule 5.1 (responsibilities of supervisory lawyers)
- ABA Model Rule 6.2 (accepting appointments)
- Washington RPC 1.1, RPC 1.3, RPC 5.1(a), RPC 5.1(c)(1), RPC 6.2
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=416
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning caseloads of lawyers in your public defender office. The Committee was of the opinion that RPCs 1.1, 1.3 and 6.2 require that a lawyer not accept case assignments that exceed the lawyer's ability to provide effective representation. The Committee was further of the opinion that the supervisor of a public defender office is obligated by those rules, as well as RPC 5.1(a) and (c)(1), to refuse to accept cases that would exceed the office's ability to provide effective representation.
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