La. Admin. Code tit. 22 § XV-2109

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-2109 - Professionalism

A. Counsel has an obligation to ensure that the case file is properly documented to demonstrate adherence to these standards. Counsels file relating to a representation includes both paper and electronic documents as well as physical objects, electronic data and audio-visual materials. Counsels file should be maintained in a fashion that will allow counsel to provide high quality representation to the client and allow successor counsel to clearly and accurately identify the work performed, the tactical decisions made, the materials obtained, the source from which materials and information were obtained and the work product generated in the representation. Counsel should clearly document work performed, including analysis of file materials, in such a way that other team members and successor counsel may take advantage of the work performed and avoid unnecessary duplication of effort.

B. Counsel should act with reasonable diligence and promptness in representing the client. Counsel should be prompt for all court appearances and appointments and, in the submission of all motions, briefs, and other papers. Counsel should ensure that all court filings are proofread and edited to protect the clients rights from being forfeited due to error. Counsel should be present, alert and focused on the clients best interests during all critical stages of the proceedings.

C. Counsels obligation to provide high quality representation to the client continues until counsel formally withdraws or an order relieving counsel becomes final. Unless required to do so by law or the Louisiana Rules of Professional Conduct, counsel should not withdraw from a case until successor counsel has enrolled. Counsel who withdraws or is relieved should take all steps necessary to ensure that the clients rights and interests are adequately protected during any transfer of responsibility in the case. Such steps should include ensuring compliance with any filing or other deadlines in the case and ensuring the collection or preservation of any evidence that may cease to be available if investigation were delayed.

D. All persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to:

1. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the representation and any litigation;

2. promptly providing the clients files, as well as information regarding all aspects of the representation, to successor counsel;

3. sharing potential further areas of investigation and litigation with successor counsel; and

4. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel.

E. Where counsel enrolls in a case in which other counsel have previously provided representation, counsel should take all steps necessary to ensure the clients rights and interests are fully protected during any transfer or reallocation of responsibility in the case. Counsel should seek to interview all persons who are or have been members of the defense team with an aim to:

1. promptly obtaining the clients files or a copy of the files, as well as information regarding all aspects of the representation;

2. discovering potential further areas of investigation and litigation; and

3. facilitating cooperation from current and former defense team members in order to coordinate professionally appropriate legal strategies.

F. Current and former counsel should maintain the confidences of the client and assert all available privileges to protect the confidentiality of work product and communications with the client. Where disclosure of privileged or confidential information is strictly necessary in carrying out the representation, such disclosures should be limited to those necessary to advance the interests of the client and should be made in circumstances that limit the extent of any waiver of privilege or confidentiality.

G. Where appropriate counsel may share information with counsel for a co-defendant, and work together with counsel for a co-defendant on investigatory, preparatory and/or strategic matters, but counsels decisions should always reflect the needs of counsels client with special consideration for client confidentiality. Counsel should never abdicate the clients defense to a co-defendants counsel. Counsel should maintain full control of all decisions affecting the client. Counsel should consider whether it is appropriate to enter a formal joint defense agreement with one or more co-defendants.

H. Counsel and defense team members should provide full and honest cooperation with successor counsel undertaking the investigation and preparation of a claim of ineffective assistance of counsel. In providing honest cooperation, counsel should be alert to and avoid any improper influence arising from a desire to assist the client or to protect him or herself.

I. Where counsel is the subject of a claim of ineffective assistance of counsel, he or she should not disclose any confidential or privileged information without the clients consent unless and until a court formally determines that privilege has been waived and then only to the extent of any such waiver. The disclosure of confidential or privileged information in such circumstances should be limited to those matters necessary to respond to specific allegations by the client concerning the lawyers representation of the client. Nothing in this standard shall diminish the responsibility of counsel to cooperate fully with the client and successor counsel nor limit the ability of counsel to communicate confidential or privileged information to the client or his legal representatives within the protection of the lawyer-client relationship.

J. While ensuring compliance with the Louisiana Rules of Professional Conduct in relation to extrajudicial statements, counsel should consider the potential benefits and harm of any publicity in deciding whether or not to make a public statement and the content of any such statement. When making written or oral statements in judicial proceedings, counsel should consider the potential benefits and harm likely to arise from the public dissemination of those statements. In responding to adverse publicity, counsel should consider the interests of the client and whether a statement is required to protect the client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client.

K. At each stage and subject to the circumstances of each case, counsel should be mindful of the desirability of treating any victim or other person affected by the crime alleged against the client with respect, dignity and compassion. Counsel should avoid disparaging the victim directly or indirectly unless necessary and appropriate in the circumstances of the particular case. Counsel should undertake victim outreach through an appropriately qualified team member or the use of an expert in defense initiated victim outreach.

La. Admin. Code tit. 22, § XV-2109

Promulgated by the Office of the Governor, Public Defender Board, LR 431917 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.