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R. Regulating Fla. Bar 4-6.2

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Rule 4-6.2 Accepting Appointments

Public Service

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Rule Text

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as when: (a) representing the client is likely to result in violation of the Rules of Professional Conduct or of the law; (b) representing the client is likely to result in an unreasonable financial burden on the lawyer; or (c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If a judge asks a lawyer to take on a case, the lawyer usually has to say yes. Lawyers can't just turn down an appointment because they don't feel like taking the case or because the client seems difficult. Courts count on lawyers to step up and represent people who need help, even when it's not a case the lawyer would have picked on their own.

There are a few real reasons a lawyer can refuse. If taking the case would force the lawyer to break the law or violate ethics rules, they can say no. If the case would cost the lawyer too much money to handle properly, that's also a valid reason. And if the lawyer finds the client or the situation so disturbing that it would get in the way of doing a good job, they can ask to be excused too.

These exceptions exist so lawyers can raise real problems, not just personal preferences. A lawyer can't dodge an appointment simply because the case is unpopular, the client can't pay much, or the work seems unpleasant. The rule pushes lawyers to serve the court system and the public, while still protecting them from situations that would actually cause harm or an unfair burden.

Committee Notes

A lawyer ordinarily is not obliged to accept a client whose character or cause the lawyer regards as repugnant. The lawyer’s freedom to select clients is, however, qualified. All lawyers have a responsibility to assist in providing pro bono public service as provided in these rules. See rule 4-6.1. In the course of fulfilling a lawyer’s obligation to provide legal services to the poor, a lawyer should not avoid or decline representation of a client simply because a client is unpopular or involved in unpopular matters. Although these rules do not contemplate court appointment as a primary means of achieving pro bono service, a lawyer may be subject to appointment by a court to serve unpopular clients or persons unable to afford legal services. For good cause a lawyer may seek to decline an appointment to represent a person who cannot afford to retain counsel or whose cause is unpopular. Good cause exists if the lawyer could not handle the matter competently, see rule 4-1.1, or if undertaking the representation would result in an improper conflict of interest, for example, when the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client. A lawyer may also seek to decline an appointment if acceptance would be unreasonably burdensome, for example, when it would impose a financial sacrifice so great as to be unjust. An appointed lawyer has the same obligations to the client as retained counsel, including the obligations of loyalty and confidentiality, and is subject to the same limitations on the client- lawyer relationship, such as the obligation to refrain from assisting the client in violation of the rules. Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252); amended June 23, 1993, effective October 1, 1993 (630 So.2d 501).

← Previous Rule 4-6.1: Pro Bono Public Service Next → Rule 4-6.3: Membership in Legal Services Organization