Current through 2024-51, December 18, 2024
Section 649-103-9 - POST HEARINGS/APPEALS1. Defense counsel should review court orders to ensure accuracy and clarity and review with client.A. If written court order does not accurately reflect verbal order, defense counsel must take appropriate steps to correct it.B. Defense counsel must provide the client with a copy of the final order and review it with client to ensure understanding.C. Defense counsel must advise the client of potential consequences of failing to comply with order.D. If the client does not agree with the court's order, defense counsel must advise the client of any appellate or other post-judgment options for relief.2. Defense counsel should take reasonable steps to ensure the client complies with court orders. A. Defense counsel must ensure that the client understands and has an ability to meet the client's obligations under a court order. (1) Defense counsel should create action plan for client, listing individual obligations and actions the client will need to take to meet the obligation.(2) Defense counsel should help the client contact and follow up with service agencies.(3) If service agencies are not meeting their responsibilities in respect to the client, defense counsel must be prepared to bring the case back to court or take other steps to ensure appropriate services are available.3. Defense counsel should consider and discuss the possibility of appeal with the client.4. If the client decides to appeal, defense counsel should timely and thoroughly file the necessary post-hearing motions and paperwork related to the appeal and closely follow the Maine Rules of Appellate Procedure.5. Defense counsel should request an expedited appeal, when feasible.6. Defense counsel should communicate the results of the appeal and its implications to the client.94- 649 C.M.R. ch. 103, § 9