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General Standards For Representation In All Criminal,
Delinquency, Dependency And Civil Commitment Cases |
Counsel shall only accept an appointment or retainer if counsel is able
to provide quality representation and diligent advocacy for the client.
Implementation 2. Counsel should have appropriate experience, skills and training.
a. Counsel should obtain formal and informal training in the relevant
areas of practice and should consult with others in the field, including
non-attorneys. b. Less experienced counsel should observe and when possible serve
as co-counsel to more experienced attorneys. More experienced counsel
should mentor less experienced attorneys. 3. Counsel should have adequate time and resources. a. Counsel should not accept caseloads that by reason of excessive
size and/or complexity interfere with the provision of quality representation.
b. Counsel should have access to sufficient support services and
physical resources to allow for quality representation. 4. Counsel appointed by a court to represent a client at government
expense shall meet and certify compliance with the 'Qualification Standards
for Court-Appointed Counsel to Represent Indigent Persons at State Expense',
promulgated by the State Court Administrator. STANDARD 1.2 Upon being retained or appointed by the court, counsel should contact
the client as soon as practicable AND maintain regular contact thereafter.
Counsel should endeavor to establish a relationship of trust and open
communication with the client and should diligently advocate the client's
position within the bounds of the law and the Rules of Professional Responsibility.
Implementation
1. As soon as practicable after being retained or appointed, counsel
should contact the client and conduct an initial client interview. 2. Counsel should ensure that barriers to communication with the client,
such as differences in language or literacy, are overcome. Counsel should
make accommodations where necessary due to a client's special circumstances,
such as youth, mental or physical disability, or foreign language barrier,
including assuring that counsel has sufficient additional time and resources
to make those accommodations. 3. Counsel should maintain regular contact with the client and should
keep the client informed of the progress of the case, including: a. the importance of maintaining contact with counsel and the need
to notify counsel of any change of address; b. the names and contact information regarding counsel and staff
assisting with the case; and c. any court dates and significant developments in the case. 4. Counsel should not delegate tasks to others if to do so would compromise
the effectiveness of the representation. Counsel should not delegate
non-ministerial and non-routine court appearances to other counsel without
the consent of the client. 5. Counsel should be alert to all potential and actual conflicts of
interest. If counsel identifies an actual conflict of interest, counsel
should immediately request permission from the court to withdraw and
substitution of qualified counsel. If counsel identifies a potential
or likely conflict of interest, counsel should fully disclose the conflict
to all affected clients and, if appropriate, obtain informed consent
to proceed on behalf of those clients. 6. Counsel should preserve client confidences and secrets and should
not knowingly disclose confidential information obtained during the
course of representation, unless authorized to do so by the client or
the court or as otherwise permitted by law or the Rules of Professional
Responsibility. STANDARD 1.3 Counsel should seek the lawful objectives of the client and should not
substitute counsel's judgment for that of the client in those case decisions
that are the responsibility of the client.
Implementation 1. Counsel is ordinarily bound by the client's definition of his or
her interests and should not substitute counsel's judgment for that
of the client regarding the objectives of the representation.
2. Counsel should advise the client regarding the probable success
and consequences of adopting any posture in the proceedings and give
the client the information necessary to make an informed decision. Counsel
should consult with the client regarding the assertion or waiver of
any right or position of the client.
3. Counsel should consult with the client as to the strategy and means
by which the client's objectives are to be pursued and exercise his
or her professional judgment concerning technical and legal tactical
issues involved in the representation. STANDARD 1.4 Counsel should conduct a client interview as soon as practicable after
being retained or appointed by the court, in order to obtain information
necessary to provide quality representation at the early stages of the
case and to provide the client with information concerning counsel's representation
and the case proceedings.
Implementation
1. To the extent possible, counsel should prepare for an initial interview
with the client by reviewing petitions and/or charging documents, police
and other investigative agency reports, and the reports of pretrial
detention agencies, where applicable. 2. Counsel should conduct the initial interview with the client as
soon as practicable and sufficiently before any court proceeding so
as to be prepared for that proceeding. In instances where the client
is detained or in custody, counsel should make every effort to conduct
an initial interview within 48 hours of acceptance of a retainer or
court appointment. 3. At the initial interview, counsel should obtain the following types
of information from the client: a. the facts surrounding the allegations against or affecting the
client; b. any possible witnesses who should be located; c. any evidence of improper conduct by police or other investigative
agencies, juvenile or mental health departments or the prosecution
which may affect the client's rights; d. any evidence that should be preserved; and e. evidence of the client's competence to stand trial and/or mental
state at the time of the offense. 4. Counsel should convey the following types of information to the
client: a. the nature of the allegations, what the state must prove, and
the likely and maximum potential consequences; b. the role of counsel and the defense function; c. an explanation of the attorney-client privilege and instructions
not to talk to anyone about the facts of the case without first consulting
with the attorney; d. a general procedural overview of the likely progression of the
case; e. the procedures that will be followed in setting the conditions
of pretrial release, if applicable to the type of proceeding and the
particular client; f. an explanation of the type of information that will likely be
requested in any interview that may be conducted by pretrial release,
juvenile court counselors, children's services personnel, or civil
commitment investigators or doctors and what information the client
should and should not provide; g. how and when counsel can be reached; h. when counsel will see the client next; i. realistic answers, where possible, to the client's most urgent
questions; and j. what arrangements will be made or attempted for the satisfaction
of the client's most pressing needs; e.g., medical or mental health
attention, contact with family or employers. STANDARD 1.5 During investigation and trial preparation, counsel should develop and
continually reassess a theory of the case.
Implementation
1. Counsel should develop an overall theory of the case that encompasses
the best interests of the client and the realities of the client's situation
in order to assist counsel in evaluating choices throughout the course
of the representation. 2. Counsel should allow the case theory to focus the investigation
and trial preparation of the case, seeking out and developing the facts
and evidence that the theory makes material, but counsel should not
become a 'prisoner' of his or her theory.
STANDARD 1.1
Prerequisites For Representation
1. Counsel should be proficient in applicable substantive and
procedural law and stay current with changes in constitutional, statutory,
evidentiary law and local or statewide court rules.
General Duties And Responsibilities Of Counsel To Clients; Avoiding Conflict
Of Interests
Role Of Counsel
Initial Client Interview
Theory Of The Case
