Ethical Obligations

The following resources are designed to provide members with information about their ethical obligations when appointed in a criminal case and the process for seeking funds for out-of-pocket costs including expenses for investigators and experts. If an attorney is not capable of providing competent representation due to lack of experience, the attorney is ethically obligated to file a motion seeking to be released from the appointment. If insufficient funding exists to hire the investigators and experts necessary in order to provide competent representation, attorneys should seek to stay the proceedings through the procedures established in State v. Wigley, 624 So.2d 425 (La. 1993) and State v. Citizen, 898 So.2d 325 (La. 2005). If the trial court denies the motion, attorneys should seek appellate review when appropriate, but must at all times comply with the orders of the court and mitigate any harm to the client.

Ethical Obligations

“LPBD Performance Standards”
Louisiana Public Defender Board

“ABA Formal Opinion 06-441”
ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 06-441

“Louisiana Rules of Professional Conduct”
See Rules: 1.2 Competence, 1.7 Conflict of Interest: Current Clients, 1.16 Declining or Terminating Representation, 6.2 Accepting Appointments

“Criminal Justice Standards for the Defense Functions”
American Bar Association, Fourth Edition

“Performance Guidelines for Criminal Defense Representation ”
National Legal Aid & Defender Association

“Ten Principles of a Public Defense Delivery System”
American Bar Association

“Ethics Opinion 03-01”
By American Council of Chief Defenders, NLADA (April 2003)

Ethical Obligations

Criminal Justice x