When does the attorney-client relationship begin for a public defender whose client is appointed by the court?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A public defender's office asked about the scope of its representation of clients the court appointed to attorneys in the office. The inquiry concerned when the attorney-client relationship began for appointed clients.
The committee was of the opinion that the attorney-client relationship begins when the court appoints a lawyer to represent a client. From that point forward, the committee said, the lawyer's obligation is to represent the best interests of the client.
Currency note
This opinion was issued in 1991, before 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 Treat this page as historical context, not current guidance.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 attorney-client relationship with an appointed client begin?
A: The committee was of the opinion that the relationship begins when the court appoints a lawyer to represent the client.
Q: What is the lawyer's duty once that appointment is made?
A: The committee said that thereafter the lawyer's obligation is to represent the best interests of the client.
Background and rules framework
The opinion addressed the scope of representation and the duties on appointment, citing Washington RPC 1.2 (scope of representation, ABA Model Rule 1.2) and the then-current RPC 1.15 governing declining or terminating representation, which corresponds to ABA Model Rule 1.16. (Washington renumbered its rules in the 2006 revisions; the 1991 RPC 1.15 covered the subject now in Model Rule 1.16.)
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.2 (scope of representation) / Washington RPC 1.2
- ABA Model Rule 1.16 (declining or terminating representation) / Washington RPC 1.15 as it stood in 1991
See also
- ABA Formal Op. 06-441: Excessive Indigent-Defense Loads
- ABA Formal Op. 07-448: Appointed Counsel, Refused Client
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=503
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1423
Year Issued: 1991
RPC(s): RPC 1.2; 1.15
Subject: Commencement of attorney-client relationship; public defender
The Committee reviewed your inquiry concerning the scope of representation of your [public defender] office regarding clients appointed by the court for representation by attorneys in your office. The Committee was of the opinion that the attorney\client relationship begins when the court appoints a lawyer to represent a client, and that thereafter the lawyer's obligation is to represent the best interests of the client.
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