Advisory Opinion: 1395

Year Issued: 1991

RPC(s): RPC 3.2

Subject: Duty to expedite criminal case against client's wishes

[The inquiring lawyer represented a defendant in a criminal case, who was found guilty at a stipulated trial. The defendant was allowed to remain free pending entry of judgment and an appeal. A month after the lawyer returned proposed findings, conclusions, judgment and sentence to the prosecutor, the lawyer wrote to the prosecutor asking if the documents had been entered. Eighteen months later, the court still had not signed any of the documents.] The Committee reviewed your inquiry concerning your duty to move a criminal case forward by advising the court or prosecuting attorney that, even after a long delay, written findings, conclusions, judgment and sentence had not been entered. The Committee understood that your client, who is aware of the situation, does not want you to contact the prosecutor or clerk regarding this. Based upon all of the facts presented, the Committee was of the opinion that you had made reasonable efforts to expedite the litigation consistent with RPC 3.2 and that no provision of the rules obligates you to do more.

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.