Advisory Opinion: 1336

Year Issued: 1990

RPC(s): RPC 1.1; 1.3; 5.1(a); 5.1(c)(1); 6.2

Subject: Size of public defender caseload prevents effective representation


The Committee reviewed your inquiry concerning caseloads of lawyers in your public defender office. The Committee was of the opinion that RPCs 1.1, 1.3 and 6.2 require that a lawyer not accept case assignments that exceed the lawyer's ability to provide effective representation. The Committee was further of the opinion that the supervisor of a public defender office is obligated by those rules, as well as RPC 5.1(a) and (c)(1), to refuse to accept cases that would exceed the office's ability to provide effective representation.

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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.