Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
03/13/2001
Opinion Number:
00-13
Title:
COURT APPOINTEE LEAVING FIRM
Opinion:
You have been employed as a lawyer in a firm which you are now leaving. During your practice for the firm you have been court appointed to represent criminal defendants and juvenile cases. Question has arisen between the firm and you concerning the continuing representation by you in these cases which have arisen by your court appointment.
You now ask whether Formal Opinion 82-23 also applies to files in which you have been appointed as above stated.
It is the opinion of the Board that:
1. In cases where individual lawyers have been designated by the Court full responsibility for the case involved is on the attorney in the Court order.
2. (a) The files belong to the client. See Board Formal Opinion 87-21 (1988). They should be delivered to the court designated lawyer, the departing lawyer.
(b) The firm may make and retain copies of the files at its own expense.
3. Fees are to be apportioned according to the agreement between the firm and the departing lawyer or, in the event such agreement does not exist, on a quantum meruit basis.