ANNOTATIONSCOMMENT
A lawyer ordinarily is not obliged to accept a client whose
character or cause the lawyer regards as repugnant. The lawyer's
freedom to select clients is, however, sometimes qualified. All lawyers
have a responsibility to assist in providing pro bono public service.
See Rule 6.1. An individual lawyer fulfills this responsibility by
accepting a fair share of unpopular matters or indigent or unpopular
clients. A lawyer may also be subject to appointment by a court to
serve unpopular or repugnant clients or causes or persons unable to
afford legal services.
Appointed Counsel
For good cause a lawyer may seek to decline an appointment to
represent a person who cannot afford to retain counsel or whose cause is
unpopular. Good cause exists if the lawyer could not handle the matter
competently, see Rule 1.1, or if undertaking the representation would
result in an improper conflict of interest, for example, when the client
or the cause is so repugnant to the lawyer as to be likely to impair the
lawyer-client relationship or the lawyer's ability to represent the
client. A lawyer may also seek to decline an appointment if acceptance
would be unreasonably burdensome, for example, when it would impose a
financial sacrifice so great as to be unjust. On the other hand, good
cause does not include such factors as the repugnance of the subject
matter of the proceeding, the identity or position of a person involved
in the case, or the belief of the lawyer that the defendant in a
criminal proceeding is guilty.
COMMITTEE COMMENT
Rule 6.2 is an outgrowth of the sentiment expressed in Ethical
Consideration 2-29. To clarify a portion of the Comment under the
heading "Appointed Counsel," the Committee added some of the language
now contained in EC 2-29.
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