Common use of Duties of Attorney Clause in Contracts

Duties of Attorney. The Attorney agrees to represent, advise, defend in court and provide legal assistance to indigent defendants in accordance with the Code of Professional Responsibility and the best standards of the legal profession in all appointed matters. (a) ATTORNEY shall be qualified to practice law in the State of Washington during the entire period of this contract. Notwithstanding paragraph 2 above, if this provision is breached, the contract, and all indigent defense representation, shall immediately cease and terminate, without recourse to the County, with respect to the ATTORNEY who is no longer qualified to practice law in the State of Washington. The Court shall provide notice of the termination of the contract in the same manner as it provides notice of appointment. Notice is deemed received up transmission if sent electronically. If sent via first class US postal service, notice is deemed received three days after placement in the mail. In all circumstances, when the Attorney becomes aware that he or she is no longer licensed or permitted to practice law in the State of Washington, the Attorney shall immediately notify the court and cease work on all assigned cases. (b) In providing services, the ATTORNEY agrees to accept and handle appointed indigent defense cases as may be assigned by the South Pacific County District Court. The non- exclusive list of case types is as follows: persons arrested or charged with gross misdemeanor and misdemeanor criminal offenses or probation violations; motion hearings; Pacific County District Court cases whenever there is a need for different or additional legal counsel for a party to a case; felony cases filed as preliminary hearings, including the trial and disposition phase should the case later be reduced to a misdemeanor or a gross misdemeanor; all fugitive from justice cases and any extradition matters filed; review hearings; post-sentencing violations; post-conviction modifications or revocations; and all cases and matters, criminal and noncriminal, covered by this agreement that are returned to the District Court by a higher court. (c) Upon notice of appointment, the ATTORNEY shall promptly arrange for an initial interview with the client. Public defense attorneys shall have and maintain an office that accommodates confidential meetings with clients, receipt of mail, and adequate telephone services to ensure prompt response to client contact. (d) Acceptance of this contract does not obligate the County to assign the ATTORNEY to represent any indigent defendants or to handle any particular number of cases. (e) ATTORNEY agrees to provide equal opportunity in regard to the services to be provided and no client appointed to the attorney shall be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person. ATTORNEY agrees that no person who works for the ATTORNEY or otherwise falls under the ambit of this contract shall be denied employment or benefits or be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person (f) The services of the ATTORNEY in every case, unless authorized to withdraw or otherwise terminated as provided in this agreement, shall continue until the case concludes by final judgment or order of dismissal, including final rulings on post-trial motions, and the filing of notice of and perfecting the appeal if required. The services shall include the preparation of all special disposition paperwork contemporaneous with final judgment. (g) In the event the court grants a change of venue, the ATTORNEY shall continue to represent such person until the case transfers to the new venue and the new venue appoints substituted counsel. (h) ATTORNEY shall provide the court, as well as all county and municipal law enforcement agencies and corrections facilities, with the Attorney's name, office address, email address, office telephone number and after-hours telephone number (if different and subject to ATTORNEY initialing at “i” below) at which the Attorney can be contacted after business hours. Attorney’s telephone number will be provided to persons claiming the right to publicly provided legal counsel. (i) If agreed to herein and initialed hereafter, ATTORNEY agrees to make reasonable efforts to be available after-hours and to accept after-hours telephone calls for consultation by incarcerated persons. (initial) (j) ATTORNEY agrees to maintain an office whereby ATTORNEY can meet in private with clients. ATTORNEY will also maintain a business telephone line(s), fax capabilities, and telephone message service without long distance charges. ATTORNEY agrees that he/she will accept collect telephone calls from his/her clients. ATTORNEY is not required to continue telephone conversations with any client who is abusive or who makes repeated and unnecessary collect calls. ATTORNEY agree that he/she will maintain reasonable contact with his/her clients and respond to indigent client requests in a timely fashion. (k) ATTORNEY agrees that they will provide legal services for indigent defense unless a conflict exists. For the purpose of this contract, a “conflict” means the Court’s ruling that there is an ethical conflict under the Rules of Professional Conduct. Scheduling difficulties, vacation periods, and illness shall not constitute a “conflict”.

Duties of Attorney. The Attorney agrees to represent, advise, defend in court and provide legal assistance to indigent defendants in accordance with the Code of Professional Responsibility and the best standards of the legal profession in all appointed matters. (a) ATTORNEY shall be qualified to practice law in the State of Washington during the entire period of this contract. Notwithstanding paragraph 2 above, if this provision is breached, the contract, and all indigent defense representation, shall immediately cease and terminate, without recourse to the County, with respect to the ATTORNEY who is no longer qualified to practice law in the State of Washington. The Court shall provide notice of the termination of the contract in the same manner as it provides notice of appointment. Notice is deemed received up transmission if sent electronically. If sent via first class US postal service, notice is deemed received three days after placement in the mail. In all circumstances, when the Attorney becomes aware that he or she is no longer licensed or permitted to practice law in the State of Washington, the Attorney shall immediately notify the court and cease work on all assigned cases. (b) In providing services, the ATTORNEY agrees to accept and handle appointed indigent defense cases as may be assigned by the South North Pacific County District Court. The non- non-exclusive list of case types is as follows: persons arrested or charged with gross misdemeanor and misdemeanor criminal offenses or probation violations; motion hearings; Pacific County District Court cases whenever there is a need for different or additional legal counsel for a party to a case; felony cases filed as preliminary hearings, including the trial and disposition phase should the case later be reduced to a misdemeanor or a gross misdemeanor; all fugitive from justice cases and any extradition matters filed; review hearings; post-sentencing violations; post-conviction modifications or revocations; and all cases and matters, criminal and noncriminal, covered by this agreement that are returned to the District Court by a higher court. (c) Upon notice of appointment, the ATTORNEY shall promptly arrange for an initial interview with the client. Public defense attorneys shall have and maintain an office that accommodates confidential meetings with clients, receipt of mail, and adequate telephone services to ensure prompt response to client contact. (d) Acceptance of this contract does not obligate the County to assign the ATTORNEY to represent any indigent defendants or to handle any particular number of cases. (e) ATTORNEY agrees to provide equal opportunity in regard to the services to be provided and no client appointed to the attorney shall be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person. ATTORNEY agrees that no person who works for the ATTORNEY or otherwise falls under the ambit of this contract shall be denied employment or benefits or be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person (f) The services of the ATTORNEY in every case, unless authorized to withdraw or otherwise terminated as provided in this agreement, shall continue until the case concludes by final judgment or order of dismissal, including final rulings on post-trial motions, and the filing of notice of and perfecting the appeal if required. The services shall include the preparation of all special disposition paperwork contemporaneous with final judgment. (g) In the event the court grants a change of venue, the ATTORNEY shall continue to represent such person until the case transfers to the new venue and the new venue appoints substituted counsel. (h) ATTORNEY shall provide the court, as well as all county and municipal law enforcement agencies and corrections facilities, with the Attorney's name, office address, email address, office telephone number and after-hours telephone number (if different and subject to ATTORNEY initialing at “i” below) at which the Attorney can be contacted after business hours. Attorney’s telephone number will be provided to persons claiming the right to publicly provided legal counsel. (i) If agreed to herein and initialed hereafter, ATTORNEY agrees to make reasonable efforts to be available after-hours and to accept after-hours telephone calls for consultation by incarcerated persons. (initial) (j) ATTORNEY agrees to maintain an office whereby ATTORNEY can meet in private with clients. ATTORNEY will also maintain a business telephone line(s), fax capabilities, and telephone message service without long distance charges. ATTORNEY agrees that he/she will accept collect telephone calls from his/her clients. ATTORNEY is not required to continue telephone conversations with any client who is abusive or who makes repeated and unnecessary collect calls. ATTORNEY agree that he/she will maintain reasonable contact with his/her clients and respond to indigent client requests in a timely fashion. ATTORNEY further agrees to be available for calls from his/her clients on specific days on specified times that he shall provide to his clients. (k) ATTORNEY agrees that they will provide legal services for indigent defense unless a conflict exists. For the purpose of this contract, a “conflict” means the Court’s ruling that there is an ethical conflict under the Rules of Professional Conduct. Scheduling difficulties, vacation periods, and illness shall not constitute a “conflict”.

Duties of Attorney. The Attorney agrees to represent, advise, defend in court and provide legal assistance to indigent defendants in accordance with the Code of Professional Responsibility and the best standards of the legal profession in all appointed matters. (a) ATTORNEY shall be qualified to practice law in the State of Washington during the entire period of this contract. Notwithstanding paragraph 2 above, if this provision is breached, the contract, and all indigent defense representation, shall immediately cease and terminate, without recourse to the County, with respect to the ATTORNEY who is no longer qualified to practice law in the State of Washington. The Court shall provide notice of the termination of the contract in the same manner as it provides notice of appointment. Notice is deemed received up transmission if sent electronically. If sent via first class US postal service, notice is deemed received three days after placement in the mail. In all circumstances, when the Attorney becomes aware that he or she is no longer licensed or permitted to practice law in the State of Washington, the Attorney shall immediately notify the court and cease work on all assigned cases. (b) In providing services, the ATTORNEY agrees to accept and handle appointed indigent defense cases as may be assigned by the South North Pacific County District Court. The non- exclusive list of case types is as follows: persons arrested or charged with gross misdemeanor and misdemeanor criminal offenses or probation violations; motion hearings; Pacific County District Court cases whenever there is a need for different or additional legal counsel for a party to a case; felony cases filed as preliminary hearings, including the trial and disposition phase should the case later be reduced to a misdemeanor or a gross misdemeanor; all fugitive from justice cases and any extradition matters filed; review hearings; post-sentencing violations; post-conviction modifications or revocations; and all cases and matters, criminal and noncriminal, covered by this agreement that are returned to the District Court by a higher court. (c) Upon notice of appointment, the ATTORNEY shall promptly arrange for an initial interview with the client. Public defense attorneys shall have and maintain an office that accommodates confidential meetings with clients, receipt of mail, and adequate telephone services to ensure prompt response to client contact. (d) Acceptance of this contract does not obligate the County to assign the ATTORNEY to represent any indigent defendants or to handle any particular number of cases. (e) ATTORNEY agrees to provide equal opportunity in regard to the services to be provided and no client appointed to the attorney shall be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person. ATTORNEY agrees that no person who works for the ATTORNEY or otherwise falls under the ambit of this contract shall be denied employment or benefits or be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person (f) The services of the ATTORNEY in every case, unless authorized to withdraw or otherwise terminated as provided in this agreement, shall continue until the case concludes by final judgment or order of dismissal, including final rulings on post-trial motions, and the filing of notice of and perfecting the appeal if required. The services shall include the preparation of all special disposition paperwork contemporaneous with final judgment. (g) In the event the court grants a change of venue, the ATTORNEY shall continue to represent such person until the case transfers to the new venue and the new venue appoints substituted counsel. (h) ATTORNEY shall provide the court, as well as all county and municipal law enforcement agencies and corrections facilities, with the Attorney's name, office address, email address, office telephone number and after-hours telephone number (if different and subject to ATTORNEY initialing at “i” below) at which the Attorney can be contacted after business hours. Attorney’s telephone number will be provided to persons claiming the right to publicly provided legal counsel. (i) If agreed to herein and initialed hereafter, ATTORNEY agrees to make reasonable efforts to be available after-hours and to accept after-hours telephone calls for consultation by incarcerated persons. (initial) (j) ATTORNEY agrees to maintain an office whereby ATTORNEY can meet in private with clients. ATTORNEY will also maintain a business telephone line(s), fax capabilities, and telephone message service without long distance charges. ATTORNEY agrees that he/she will accept collect telephone calls from his/her clients. ATTORNEY is not required to continue telephone conversations with any client who is abusive or who makes repeated and unnecessary collect calls. ATTORNEY agree that he/she will maintain reasonable contact with his/her clients and respond to indigent client requests in a timely fashion. (k) ATTORNEY agrees that they will provide legal services for indigent defense unless a conflict exists. For the purpose of this contract, a “conflict” means the Court’s ruling that there is an ethical conflict under the Rules of Professional Conduct. Scheduling difficulties, vacation periods, and illness shall not constitute a “conflict”.

Duties of Attorney. The Attorney agrees to represent, advise, defend in court and provide legal assistance to indigent defendants in accordance with the Code of Professional Responsibility and the best standards of the legal profession in all appointed matters. (a) ATTORNEY shall be qualified to practice law in the State of Washington during the entire period of this contract. Notwithstanding paragraph 2 above, if this provision is breached, the contract, and all indigent defense representation, shall immediately cease and terminate, without recourse to the County, with respect to the ATTORNEY who is no longer qualified to practice law in the State of Washington. The Court shall provide notice of the termination of the contract in the same manner as it provides notice of appointment. Notice is deemed received up transmission if sent electronically. If sent via first class US postal service, notice is deemed received three days after placement in the mail. In all circumstances, when the Attorney becomes aware that he or she is no longer licensed or permitted to practice law in the State of Washington, the Attorney shall immediately notify the court and cease work on all assigned cases. (b) In providing services, the ATTORNEY agrees to accept and handle appointed indigent defense cases as may be assigned by the South Pacific County District Court. The non- exclusive list of case types is as follows: persons arrested or charged with gross misdemeanor and misdemeanor criminal offenses or probation violations; motion hearings; Pacific County District Court cases whenever there is a need for different or additional legal counsel for a party to a case; felony cases filed as preliminary hearings, including the trial and disposition phase should the case later be reduced to a misdemeanor or a gross misdemeanor; all fugitive from justice cases and any extradition matters filed; review hearings; post-sentencing violations; post-conviction modifications or revocations; and all cases and matters, criminal and noncriminal, covered by this agreement that are returned to the District Court by a higher court. (c) Upon notice of appointment, the ATTORNEY shall promptly arrange for an initial interview with the client. Public defense attorneys shall have and maintain an office that accommodates confidential meetings with clients, receipt of mail, and adequate telephone services to ensure prompt response to client contact. (d) Acceptance of this contract does not obligate the County to assign the ATTORNEY to represent any indigent defendants or to handle any particular number of cases. (e) ATTORNEY agrees to provide equal opportunity in regard to the services to be provided and no client appointed to the attorney shall be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person. ATTORNEY agrees that no person who works for the ATTORNEY or otherwise falls under the ambit of this contract shall be denied employment or benefits or be discriminated against on the grounds of race, creed, color, national origin, sex, sexual orientation or gender preference or the presence of any sensory, mental, or physical disability or the use of a trained guide dog by a disabled person (f) The services of the ATTORNEY in every case, unless authorized to withdraw or otherwise terminated as provided in this agreement, shall continue until the case concludes by final judgment or order of dismissal, including final rulings on post-trial motions, and the filing of notice of and perfecting the appeal if required. The services shall include the preparation of all special disposition paperwork contemporaneous with final judgment. (g) In the event the court grants a change of venue, the ATTORNEY shall continue to represent such person until the case transfers to the new venue and the new venue appoints substituted counsel. (h) ATTORNEY shall provide the court, as well as all county and municipal law enforcement agencies and corrections facilities, with the Attorney's name, office address, email address, office telephone number and after-hours telephone number (if different and subject to ATTORNEY initialing at “i” below) at which the Attorney can be contacted after business hours. Attorney’s telephone number will be provided to persons claiming the right to publicly provided legal counsel. (i) If agreed to herein and initialed hereafter, ATTORNEY agrees to make reasonable efforts to be available after-hours and to accept after-hours telephone calls for consultation by incarcerated persons. (initial) (j) ATTORNEY agrees to maintain an office whereby ATTORNEY can meet in private with clients. ATTORNEY will also maintain a business telephone line(s), fax capabilities, and telephone message service without long distance charges. ATTORNEY agrees that he/she will accept collect telephone calls from his/her clients. ATTORNEY is not required to continue telephone conversations with any client who is abusive or who makes repeated and unnecessary collect calls. ATTORNEY agree that he/she will maintain reasonable contact with his/her clients and respond to indigent client requests in a timely fashion. ATTORNEY further agrees to be available for calls from his/her clients on specified days on specified times that he shall provide to his clients. (k) ATTORNEY agrees that they will provide legal services for indigent defense unless a conflict exists. For the purpose of this contract, a “conflict” means the Court’s ruling that there is an ethical conflict under the Rules of Professional Conduct. Scheduling difficulties, vacation periods, and illness shall not constitute a “conflict”.