Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part V - PROFESSIONAL ETHICS AND CONDUCT
Subpart A - PROFESSIONAL RESPONSIBILITY
Chapter 81 - RULES OF PROFESSIONAL CONDUCT
Subchapter A - RULES OF PROFESSIONAL CONDUCT
PUBLIC SERVICE
Rule 6.2 - Accepting Appointments
Universal Citation: 204 PA Code ยง 6.2
Current through Register Vol. 54, No. 44, November 2, 2024
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.
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.
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