Question: Attorney was appointed by the court to represent a client in a matter dealing with an area of the law in which Attorney has no prior experience. How should Attorney respond to the appointment?
Answer: Rule 4-6.2, Accepting Appointments, prohibits a lawyer from seeking to avoid appointment by a tribunal to represent a person except for good cause, such as where representing the client is likely to result in a violation of the Rules of Professional Conduct or other law; representing the client is likely to cause an unreasonable financial burden on the lawyer; or the client or cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client. Attorney has an obligation per Rule 4-1.1 to provide competent representation to the client. Competent representation requires the legal skill, thoroughness, and preparation necessary for the representation. Comment [1] to Rule 4-1.1 provides relevant factors for determining whether Attorney employs the requisite knowledge and skill in the particular matter. Attorney need not necessarily have special training or prior experience in order to handle unfamiliar legal problems with competence. Rule 4-1.1, Comment [2]. Attorney should not seek to avoid the appointment based on Attorney’s unfamiliarity with the legal subject matter unless the requisite level of competence cannot be achieved through necessary study and reasonable preparation. See Rule 4-1.1, Comments [2] and [4].

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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