Duty to Release Transcript to Indigent Client
Adopted: February 05, 1982
Inquiry:
Does an attorney who has represented an indigent criminal defendant upon appeal from a conviction in Superior Court, and who has, in the course of prosecuting the appeal, come into the possession of a State supplied transcript of the lower court proceeding, have and ethical obligation to turn the transcript over to his former client after disposition of the appeal?
Opinion:
Yes, if the client wishes the attorney to do so. DR 9-102(B) (4) requires a lawyer to deliver promptly to the client as requested by the client any properties in possession of the lawyer which the client is entitled to receive. Since the right to the transcripts is clearly that of the defendant, not the attorney, the client is entitled to the transcript if he wishes the attorney to turn it over upon termination of the employment relationship.