Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2109 - Professionalism

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel has an
				obligation to ensure that the case file is properly documented to demonstrate
				adherence to these standards. Counsels file relating to a representation
				includes both paper and electronic documents as well as physical objects,
				electronic data and audio-visual materials. Counsels file should be maintained
				in a fashion that will allow counsel to provide high quality representation to
				the client and allow successor counsel to clearly and accurately identify the
				work performed, the tactical decisions made, the materials obtained, the source
				from which materials and information were obtained and the work product
				generated in the representation. Counsel should clearly document work
				performed, including analysis of file materials, in such a way that other team
				members and successor counsel may take advantage of the work performed and
				avoid unnecessary duplication of effort.
B. Counsel should act with reasonable
				diligence and promptness in representing the client. Counsel should be prompt
				for all court appearances and appointments and, in the submission of all
				motions, briefs, and other papers. Counsel should ensure that all court filings
				are proofread and edited to protect the clients rights from being forfeited due
				to error. Counsel should be present, alert and focused on the clients best
				interests during all critical stages of the proceedings.
C. Counsels obligation to provide high
				quality representation to the client continues until counsel formally withdraws
				or an order relieving counsel becomes final. Unless required to do so by law or
				the Louisiana Rules of Professional Conduct, counsel should not withdraw from a
				case until successor counsel has enrolled. Counsel who withdraws or is relieved
				should take all steps necessary to ensure that the clients rights and interests
				are adequately protected during any transfer of responsibility in the case.
				Such steps should include ensuring compliance with any filing or other
				deadlines in the case and ensuring the collection or preservation of any
				evidence that may cease to be available if investigation were
				delayed.
D. All persons who are or
				have been members of the defense team have a continuing duty to safeguard the
				interests of the client and should cooperate fully with successor counsel. This
				duty includes, but is not limited to:
1.
				maintaining the records of the case in a manner that will inform successor
				counsel of all significant developments relevant to the representation and any
				litigation;
2. promptly providing
				the clients files, as well as information regarding all aspects of the
				representation, to successor counsel;
3. sharing potential further areas of
				investigation and litigation with successor counsel; and
4. cooperating with such professionally
				appropriate legal strategies as may be chosen by successor counsel.