Opinion 1201

The Committee reviewed the many issues raised by your letters concerning your representation of a client in a criminal proceeding wherein your relationship with a client has been very difficult, but the trial court has not permitted you to withdraw. In answer to the questions presented, the Committee had the following opinions. First, the Committee was of the opinion that since you had been appointed only in the criminal trial, you would not be ethically required to continue to represent the client on appeal, except that you would be required to file and perfect the appeal and cooperate with the new counsel when appointed. Second, the Committee was of the opinion that you are not required to assist your client in civil matters, whether against you or other parties, because you are only appointed to represent the client in the criminal case, and there is clearly a conflict if the client wished you to assist him in taking actions against yourself.

Third, the Committee was of the opinion that you are not required to assist the client with matters outside of the area of your appointment, and that you should ask the Court to define the requirements and limitations of your appointment.

Regarding the question of whether you are required to comply with your client's request to provide him with the itemized time sheets you have prepared which the county does not want released to the client, the Committee was of the opinion that the defendant is your client, and therefore is entitled to the files and records including the time sheets.

Regarding the question of what you can reveal to the Court in support of your motion to withdraw, the Committee was of the opinion you could not disclose information that is secret or which would be damaging to your client except as it directly relates to the need to defend yourself against allegations made by the client.

Finally, the Committee determined it could not give you an opinion on the question of whether the documents signed between you and the client have the effect of a contract because that is a legal question which is outside of the Committee's jurisdiction.

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.