Advisory Opinion: 1315

Year Issued: 1989

RPC(s): RPC 1.15

Subject: Withdrawal; public defender appointed to represent jailed client later released with no charges filed

The Committee reviewed your inquiry concerning the scope of representation by your office of court appointed clients who are released after 72 hours without charges being filed against them and your subsequent withdrawal process. The Committee was of the opinion that the attorney/client relationship comes into existence when your office is appointed to represent the client, and that the appointed lawyer is then obligated to comply with all of the Rules of Professional Conduct. The Committee was of the opinion that the scope of representation is dependent upon your contract with the county and your agreement with your client, and that representation continues until you have withdrawn from representation of the client in accordance with RPC 1.15.

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.