NOTICE TO RETAINED COUNSEL as to Gladys Harun; Jimmy Thomas Howell, Jr — USA v. SEALED (Dkt. 22)

Record facts

U.S. District Court for the Southern District of Georgia · No. 1:22-mj-00051-BKE · Doc. 22 · 2022-07-11 · Docket on CourtListener

Summary

A one-page Notice to Retained Criminal Defense Attorneys filed July 11, 2022 as Document 22 in Case 1:22-mj-00051-BKE, USA vs. Gladys Harun, in the U.S. District Court for the Southern District of Georgia. The standing notice states that retained counsel are expected to make financial arrangements sufficient to represent the defendant until the case concludes, including a direct appeal, and that withdrawal requires a judge's approval. It says a client's failure to pay fees ordinarily is not good cause for withdrawal. If a defendant later seeks to proceed in forma pauperis or asks for Criminal Justice Act appellate counsel, retained counsel must disclose the fees and costs paid, who paid them, the method of payment, and the services rendered, with the information viewed in camera.

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Full text

CR __________________
USA   vs.   ______________________________
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
NOTICE TO RETAINED CRIMINAL DEFENSE ATTORNEYS
     Retained criminal defense attorneys are expected to make financial arrangements satisfactory to
themselves and sufficient to provide for representation of each defendant until the conclusion of the
defendant’s case. An attorney’s appearance on behalf of a party constitutes an affirmative representation
of the fulfillment of such expectation. Counsel’s withdrawal from a pending case must be approved by a
judge of this court. Once an appearance by counsel is made, the court will expect counsel to represent the
defendant until the conclusion of the case. Ordinarily, a defendant’s failure to pay sums owed for
attorney’s fees or counsel’s failure to collect a sum sufficient to compensate for all services will not
constitute good cause for withdrawal. Moreover, counsel are reminded of the DIRECTORY RULES of
the State Bar of Georgia as a further explanation of the Canons of Ethics. [See, e.g., DR 2-110 (C)(1)(f) ].
A mere failure to pay an attorney does not amount to a client’s deliberate disregard of an obligation to a
lawyer as to expenses and fees.
     Every defendant has a right to appeal from any conviction; therefore, a convicted defendant’s case is
not concluded until his direct appeal is decided. Thus, the further expectation of this court and the United
States Court of Appeals for the Eleventh Circuit is that retained counsel, in making satisfactory financial
arrangements, will contemplate services to be rendered upon appeal.
     If a defendant moves the court to proceed on appeal in forma pauperis and/or for appointment of
Criminal Justice Act appellate counsel, retained counsel will be required to disclose (1) the total amount
of fees and costs paid, (2) by whom fees and costs were paid, (3) the method of any such payment, and (4)
the costs actually incurred and the services actually rendered. [Note that matters involving the receipt of
fees from a client are not generally privileged, United States v. Sims, 845 F.2d 1564 (11th Cir. 1988); In
Re Slaughter, 694 F.2d 1258 (11th Cir. 1982); In Re Grand Jury Proceedings: United States v. Jones, 517
F.2d 666 (5th Cir. 1975). ] Unless otherwise ordered by the court, all information submitted will be viewed
in camera unless otherwise ordered by the court for the purpose of deciding the defendant’s in forma
pauperis motion.
     Except in extraordinary circumstances, this policy will be strictly applied. Any such extraordinary
circumstances shall be brought to the court’s attention by emergency motion for withdrawal of counsel.
COPY TO BE SERVED UPON EVERY RETAINED LAWYER; FILE A COPY AND NOTE SERVICE
THEREON.
1:22-MJ-51
Gladys Harun
Case 1:22-mj-00051-BKE     Document 22     Filed 07/11/22     Page 1 of 1

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