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W. Va. R. Prof'l Conduct 6.2

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Rule 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:

(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 court 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 want the case or don't like the client. Courts need lawyers to step up and represent people who need help, including people who can't afford to hire their own lawyer.

There are only a few good reasons a lawyer can refuse an appointment. First, if taking the case would force the lawyer to break ethics rules or the law, they can say no. Second, if the case would cost the lawyer too much money to handle, that's also a valid reason to decline. Third, if the lawyer feels so strongly against the client or the case that it would get in the way of doing a good job, they can ask to be excused.

Outside of these situations, a lawyer is expected to take the case even if it's inconvenient, unpopular, or not something they would normally choose to work on. This rule makes sure people who need legal help can get a lawyer, and it stops lawyers from dodging hard or unpopular cases without a real reason.

Committee Notes

COMMENT

[1] 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

[2] 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, 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.

[3] 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. An attorney who accepts appointments in certain types of cases, such as abuse and neglect cases or family court cases, is also required to fulfill any specialized continuing education requirement imposed by law.

← Previous Rule 6.1: Voluntary Pro Bono Publico Service Next → Rule 6.3: Membership in Legal Services Organizations