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Washington State
Office of Public Defense
Client Communications Protocol Guidelines
The
Rules of Professional Conduct require attorneys to keep their clients
reasonably informed to enable them to make informed decisions about
their case. RPC 1.2; 1.4(a); 1.4(b).
At a minimum, communication protocols need to address client
communications as appropriate at the following points of the
representation:
APPOINTMENT
LETTER
|
At the initial time of the
appointment, the attorney shall write to the client to outline the
scope of the representation, to describe the stages of the appeal,
to note the possible assessment of costs for appellate
representation, and to provide an address and/or phone number by
which the client can communicate with the attorney.
|
EVALUATIVE
COMMUNICATION
OR
EVALUATIVE
LETTER
|
The
attorney shall either:
 | communicate
with the client, by letter or telephone, regarding the fact
that the attorney has read the record and analyzed the case
and regarding the specific means by which the client may
contact the attorney to fully discuss the merits and other
factors involved in the client’s case and to exercise his or
her options. |
or, alternatively,
| summarize
in a letter the results of the attorney’s investigation and
analysis of the merits of the case, remind the client that
costs may be assessed in case of an unsuccessful
appeal, and provide an opportunity for the client to contact
the attorney to exercise his or her options. |
Some attorneys may choose to
provide an evaluative communication or letter before writing the
brief; others may choose to provide an evaluative communication or
letter after writing the brief and/or accompanying the brief .
|
LETTER
ACCOMPANYING
BRIEF
|
The attorney shall send the
client the opening brief and inform the client of the right to
obtain a copy of the transcript and to file a Statement of
Additional Grounds for Review pursuant to RAP 10.10.
|
STATUS REPORTS
|
While the case is on-going,
the attorney may update the client on developments. Examples
include informing the client of the date of oral argument and
forwarding a copy of the State’s brief and any reply brief.
|
|
LETTER
ACCOMPANYING
DECISION |
The attorney shall send the
client a copy of the appellate court’s decision and shall inform
the client whether the attorney plans to file a Petition for
Review or whether the client has the option to file a petition and
if so, the time constraints for such a petition.
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LETTER
ACCOMPANYING
MANDATE
|
The attorney shall send the
client a copy of the mandate and inform the client of the
applicable time constraints for any further state or federal
relief.
|
