Public service and system integrity - Accepting appointments

Learning Outcomes

After reading this article, you will be able to identify when a lawyer must accept a court appointment, recognize valid grounds for declining, and explain the ethical responsibilities that arise from accepting such appointments. You will also be able to apply these principles to MPRE-style scenarios involving public service and system integrity.

MPRE Syllabus

For the MPRE, you are required to understand the ethical duties of lawyers regarding public service, especially the acceptance of appointments by courts or other authorities. This article addresses:

• The obligation of lawyers to accept court appointments.
• The limited grounds for declining an appointment.
• The ethical responsibilities owed to appointed clients.
• The consequences of improper refusal or neglect of appointed matters.
• The relationship between public service and system integrity.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. A court appoints a lawyer to represent a criminal defendant. The lawyer believes the defendant’s cause is unpopular in the community. Is the lawyer required to accept the appointment?
   1. Yes, unless a valid ground for refusal exists.
   2. No, personal dislike of the cause is sufficient to refuse.
   3. Yes, but only if the lawyer is paid.
   4. No, if the lawyer is busy with other matters.
2. Which of the following is NOT a proper ground for declining a court appointment?
   1. Lack of competence to handle the matter.
   2. Representation would violate the rules of professional conduct.
   3. The client or cause is personally repugnant to the lawyer, impairing effective representation.
   4. The lawyer would prefer to avoid publicity.
3. If a lawyer is appointed to represent a client and the client refuses to pay, what must the lawyer do?
   1. Accept the appointment unless the court allows withdrawal.
   2. Refuse the appointment.
   3. Accept only if the client pays a retainer.
   4. Withdraw immediately without court approval.
4. A lawyer is appointed to represent a client but is physically unable to handle the case due to illness. What is the lawyer’s duty?
   1. Decline or withdraw from the appointment.
   2. Delegate the case to a paralegal.
   3. Accept the appointment regardless.
   4. Seek a higher fee.

Introduction

Lawyers play a key role in ensuring access to justice and maintaining the integrity of the legal system. Courts and other authorities may appoint lawyers to represent clients who cannot secure representation themselves. The Model Rules of Professional Conduct impose a duty on lawyers to accept such appointments, subject to limited exceptions. Understanding when and how a lawyer may decline an appointment, and the obligations that follow acceptance, is essential for the MPRE.

Key Term: Court Appointment
The assignment of a lawyer by a court or other authority to represent a party, typically when the party cannot obtain counsel independently.

The Duty to Accept Appointments

Lawyers generally have no obligation to represent any particular client. However, when a court or other authority appoints a lawyer, the lawyer must accept the appointment unless there is good cause to decline.

Key Term: Good Cause
A legally recognized reason that justifies declining a court appointment, such as lack of competence, conflict of interest, or unreasonable financial burden.

Grounds for Declining an Appointment

A lawyer may only refuse a court appointment if one of the following grounds applies:

1. Inability to Provide Competent Representation: If the lawyer lacks the necessary knowledge or skill and cannot become competent without unreasonable delay, refusal is proper.
2. Conflict with Professional Conduct Rules or Law: If accepting the appointment would require the lawyer to violate the rules of professional conduct or other law, the lawyer must decline.
3. Impairment or Disability: If the lawyer’s physical or mental condition materially impairs the ability to represent the client, the lawyer must not accept or must withdraw.
4. Personal Repugnance or Unreasonable Burden: If the client or cause is so repugnant to the lawyer as to likely impair the client-lawyer relationship or the lawyer’s ability to represent the client, or if acceptance would impose an unreasonable financial sacrifice, the lawyer may decline.

Key Term: Personal Repugnance
A situation where the lawyer finds the client or cause so objectionable that effective representation would be impaired.

Responsibilities After Acceptance

Once a lawyer accepts an appointment, all the usual duties of loyalty, competence, diligence, and confidentiality apply. The lawyer must represent the appointed client with the same commitment as any retained client.

If, after accepting, a ground for withdrawal arises, the lawyer must seek the court’s permission to withdraw. The lawyer may not simply abandon the client.

Key Term: Appointed Client
A person for whom a lawyer is assigned by a court or authority to provide legal representation.

Consequences of Improper Refusal or Neglect

Refusing an appointment without good cause, or neglecting an appointed matter, may subject the lawyer to discipline. The duty to the system requires lawyers to support access to justice, even when the matter is difficult or unpopular.

Worked Example 1.1

A court appoints Attorney Smith to represent a defendant in a criminal trial. Smith is not familiar with criminal law and would need several months to become competent. The trial is scheduled in four weeks. May Smith decline the appointment?

Answer:
Yes. Smith may decline because she cannot become competent without unreasonable delay, and the client would not receive adequate representation.

Worked Example 1.2

Attorney Lee is appointed to represent a party in a civil rights case. Lee strongly disagrees with the client’s views but believes he can still provide effective representation. Must Lee accept the appointment?

Answer:
Yes. Personal disagreement with the client’s views is not, by itself, good cause to decline unless it would impair Lee’s ability to represent the client effectively.

Worked Example 1.3

A lawyer is appointed to represent a client but is currently hospitalized and unable to work. What should the lawyer do?

Answer:
The lawyer must inform the court of the impairment and decline or withdraw from the appointment, as the lawyer cannot provide competent representation.

Exam Warning

A lawyer cannot refuse a court appointment simply because the matter is unpopular or the client cannot pay. Only specific grounds, such as lack of competence or conflict of interest, justify refusal.

Revision Tip

Always check whether a ground for declining an appointment is recognized by the rules. Personal inconvenience or dislike of publicity is not sufficient.

Key Point Checklist

This article has covered the following key knowledge points:

• Lawyers must accept court appointments unless good cause exists to decline.
• Good cause includes lack of competence, conflict of interest, impairment, or unreasonable burden.
• Personal dislike or inconvenience is not good cause.
• Duties to appointed clients are the same as to retained clients.
• Withdrawal after acceptance requires court approval.
• Improper refusal or neglect of an appointment may result in discipline.

Key Terms and Concepts

• Court Appointment
• Good Cause
• Personal Repugnance
• Appointed Client