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RULE 19-306.2. ACCEPTING APPOINTMENTS (6.2)

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 300. Maryland Attorneys' Rules of Professional Conduct
Public Service [Rules 19-306.1 to 19-306.5]
MD Rules Attorneys, Rule 19-306.2
RULE 19-306.2. ACCEPTING APPOINTMENTS (6.2)
An attorney shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:
(a) representing the client is likely to result in violation of the Maryland Attorneys' Rules of Professional Conduct or other law;
(b) representing the client is likely to result in an unreasonable financial burden on the attorney; or
(c) the client or the cause is so repugnant to the attorney as to be likely to impair the client-attorney relationship or the attorney's ability to represent the client.
COMMENT
[1] An attorney ordinarily is not obliged to accept a client whose character or cause the attorney regards as repugnant. The attorney's freedom to select clients is, however, qualified. All attorneys have a responsibility to assist in providing pro bono publico service. See Rule 19-306.1 (6.1). An individual attorney fulfills this responsibility by accepting a fair share of unpopular matters or indigent or unpopular clients. An attorney may also be subject to appointment by a court to serve unpopular clients or persons unable to afford legal services.
Appointed Attorney--[2] For good cause an attorney may seek to decline an appointment to represent a person who cannot afford to retain an attorney or whose cause is unpopular. Good cause exists if the attorney could not handle the matter competently, see Rule 19-301.1 (1.1), or if undertaking the representation would result in an improper conflict of interest, for example, when the client or the cause is so repugnant to the attorney as to be likely to impair the client-attorney relationship or the attorney's ability to represent the client. An attorney may also seek to decline an appointment if acceptance would be unreasonably burdensome, for example, when it would impose a financial sacrifice so great as to be unjust.
[3] An appointed attorney has the same obligations to the client as a retained attorney, including the obligations of loyalty and confidentiality, and is subject to the same limitations on the client-attorney relationship, such as the obligation to refrain from assisting the client in violation of the Rules.
Model Rules Comparison: Given that the Ethics 2000 Amendments to the ABA Model Rules of Professional Conduct made no changes to this Rule, Rule 19-306.2 (6.2) has not been amended and remains substantially similar to Model Rule 6.2.

Credits

[Adopted June 6, 2016, eff. July 1, 2016.]
MD R Attorneys, Rule 19-306.2, MD R ATTORNEYS Rule 19-306.2
Current with amendments received through December 15, 2019.
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