Standard:

Contracts for defense services shall include the grounds for termination of the contract by the parties. Termination of an attorney's contract should only be for cause. Good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed.

The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client.

Related Standards:

American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3.

National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-5.

National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 2.12 and 2.14.

National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.8.

Commentary:

The intent of this standard is to assure contracting attorneys' independence and stability by insulating them from arbitrary removal or termination. The adversarial and frequently high-profile nature of criminal defense work invites criticism and sometimes the inappropriate interference of politicians. The ABA standards say clearly that public defense lawyers "should be free from political influence and should be subject to judicial supervision only in the same manner and to the same extent as are lawyers in private practice." Vigorous representation of an unpopular client is not grounds for discipline or removal.

Actions which do merit termination of employment could include the attorney's failure to protect client interests and to meet professional standards.

The NLADA Guidelines' commentary notes that the power to discipline attorneys for conduct or inaction in a single case lies with the state bar and the judiciary.