Standard:

The attorney engaged by local government to provide public defense services should not sub-contract with another firm or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the contracting authority should request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement.

Related Standards:

American Bar Association, Standards for Criminal Justice, Standard 5-5.2.

National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.1.

National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-23.

Commentary:

Problems have arisen in some Washington counties when local government contracts for defense services with one attorney only to have that attorney sub-contract part of the work to a second attorney whose credentials were not subject to public review.

In responding to government requests for proposals, prospective contract attorneys should include the names, education and criminal defense experience of all lawyers who will represent indigent clients under the contract. Firms should also meet the supervision and training provisions of these standards for all attorneys they employ.

When the defense contract ends and a new defense provider is chosen, provision must be made for those cases opened but not yet completed by the former contractor.

Both the ABA and NLADA standards emphasize the importance of continuous representation of clients. The ABA Standards state that "counsel initially provided should continue to represent the defendant throughout the trial court proceedings." The NLADA Guidelines note that local governments would be poorly served by a system in which a contractor could simply walk away from uncompleted cases at the end of the contract. The NLADA recommends that cases open at the termination of a contract be handled to completion by the attorney initially assigned. In turn, the contract needs to address the terms by which the attorney will be paid for these cases.

It may be more practical for attorneys under contract to seek court approval to transfer to the new contractor those cases for which no significant work has yet been undertaken. In these situations, the attorney transferring the cases must provide thorough and accurate information about the case to the new defense lawyer so the latter can become familiar with the pending deadlines and legal issues in the case.