Bar Counsel Notes: Termination/Withdrawal from Representation

Question:

In a child protective matter, Attorney's client claimed he was ineffective counsel. Attorney filed a Motion to Withdraw. After hearing, the court denied the motion. The case went forward for hearing and the court ruled against client. How does Attorney now protect client's appeal rights?

Answer:

Attorney should file the Notice of Appeal for him, but with writing(s) that confirms to client and to the court that Attorney's representation of client is over and that Attorney will not and cannot handle his appeal. Attorney should also file a new Motion to Withdraw.

*Disclaimer: The Informal Ethics Advisory Notes from Bar Counsel are intended as outreach by the office of Bar Counsel for the use and benefit of the Maine bar. These scenarios are drawn from actual telephone calls received by the attorneys in the office of Bar Counsel in the course of providing informal advice on the Code of Professional Responsibility, known as Bar Counsel's "Ethics Hotline." The particular advice in each case is limited with reference to the particular factual situation related by the inquiring attorney who must be inquiring about his or her own conduct or the conduct of a member of his or her firm. We do not provide any advice to one attorney about the conduct of another attorney unless they are members of the same law firm. In the telephone opinions, we usually explore and discuss additional factual variables. However, I have attempted to pare down these factual scenarios to make the email newsletter more readable and useful in a general sense. Obviously, that creates the risk that slight variations on the facts, to a learned reader, may give rise to a different analysis and conclusion.