Opinion 2031

The inquirer works for a public defender organization and posed the following:

Facts: An attorney has represented a client in a matter in which the client was convicted of a felony murder in the second degree where the underlying felony was assault. The lawyer has sent the client a letter at the conclusion of the representation informing the client that the representation had ended and that the lawyer no longer represented the client. Subsequently the Washington Supreme Court held In Re Andress, 147 Wn. 2nd 602 (2002) that felony murder in the second degree could not be based on assault as the underlying felony. While the impact of In Re Andress on other cases has not been determined, any defendant convicted of felony murder in the second degree with assault as the underlying felony may have the right to some form of relief.

Issue: Does an attorney who has represented a client have any duty in this circumstance to provide legal advice and/or representation?

Answer: It appears clear on these facts that the representation is at an end and thus the convicted person is a former client. Absent an ongoing relationship or a factual basis for the client reasonably to believe that an attorney-client relationship still exists, a lawyer owes no duty to provide further advice or representation to a former client. If the lawyer does provide any advice or representation it must be competent.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.