Who is the client of a court-appointed defense lawyer, and what happens when the defendant tells the lawyer to withdraw?

Plain-English summary

The inquiry asked who the client is for a court-appointed attorney. The committee said it is clear that appointed counsel represents the criminal defendant. When the client demands that the attorney withdraw, the attorney must comply with the relevant court rules on withdrawal and seek the court's permission to withdraw under RPC 1.15(a)(3). Under RPC 1.15(c), the attorney shall continue to represent the client if ordered to do so by the court.

Currency note

This opinion was issued in 1997, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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. The cited Washington rule, then numbered RPC 1.15 (declining or terminating representation), corresponds to ABA Model Rule 1.16; Washington later renumbered this material as RPC 1.16.

Common questions

Q: Who is the client when a lawyer is appointed by the court?

A: The committee said it is clear that appointed counsel represents the criminal defendant.

Q: What must the lawyer do if the defendant demands the lawyer withdraw?

A: The lawyer must comply with the relevant court rules on withdrawal and seek the court's permission to withdraw under RPC 1.15(a)(3).

Q: Can the lawyer stop representing the client once the client asks?

A: Not unilaterally. Under RPC 1.15(c), the attorney must continue to represent the client if the court orders the lawyer to do so.

Background and rules framework

The opinion applied Washington's then-RPC 1.15 (declining or terminating representation, corresponding to ABA Model Rule 1.16 and later renumbered RPC 1.16) to a court-appointed criminal defense lawyer. RPC 1.15(a)(3) supplied the requirement to seek the court's permission before withdrawing, and RPC 1.15(c) supplied the duty to continue the representation when a court so orders.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.16 (declining or terminating representation); Washington RPC 1.15(a)(3), 1.15(c) (later renumbered RPC 1.16)

See also

• WA Ethics Op. 1169: Court Denies Withdrawal Before Trial
• WA Ethics Op. 1301: Court-Ordered Continued Representation
• WA Ethics Op. 1201: Appointed Defense Counsel's Duties

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=794

Original opinion text

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

Advisory Opinion: 1720
Year Issued: 1997
RPC(s): RPC 1.15(a)(3); 1.15(c)
Subject: Defendant is client for court appointed attorney; duty upon discharge

[The inquiry concerned who is the client for a court appointed attorney.] It is clear that appointed counsel represents the criminal defendant; when the client demands the attorney to withdraw, then the attorney must comply with the relevant court rules regarding withdrawal and seek the court's permission to withdraw under RPC 1.15(a)(3). Under RPC 1.15(c), the attorney shall continue to represent the client if ordered by the court to do so.