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MRPC 6.2

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Rule 6.2 Accepting Appointments

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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:

(a) representing the client is likely to result in violation of the Rules of Professional Conduct or other 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.

When a judge asks a lawyer to take on a case, the lawyer usually can't turn it down just because they don't want to do it. Lawyers are expected to accept these appointments unless they have a real, valid reason to say no.

There are three main reasons a lawyer can refuse an appointment. First, if taking the case would force the lawyer to break ethics rules or other laws. Second, if the case would cost the lawyer too much money to handle, more than what's reasonable. Third, if the lawyer finds the client or the case so offensive or objectionable that it would hurt their ability to work together or represent the client properly.

This rule exists because everyone deserves legal representation, even in unpopular or difficult cases. Lawyers can't just pick and choose only the cases they like. They have a duty to serve when called on, and they can only step back for these specific, serious reasons.

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 publico service. See Rule 6.1. An individual

lawyer fulfills this responsibility by accepting a fair share of unpopular matters or indigent or

unpopular clients. A lawyer may also be subject to appointment by a court to serve unpopular

clients or persons unable to afford legal services.

Appointed Counsel.

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 1.1) or if undertaking the representation would result in

an improper conflict of interest. Good cause also exists if 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.

← Previous Rule 6.1: Pro Bono Publico Service Next → Rule 6.3: Legal Services Organizations and Lawyer Referral Services