94- 649 C.M.R. ch. 102, § 2

Current through 2024-50, December 11, 2024
Section 649-102-2 - ATTORNEY QUALIFICATIONS
1. Education, Training and Experience of Defense Counsel
A. To provide quality representation, defense counsel must be familiar with the substantive criminal law and the law of criminal procedure and its application in the particular jurisdiction. Defense counsel has a continuing obligation to stay abreast of changes and developments in the law. Where appropriate, defense counsel should also be informed of the practice of the specific judge before whom a case is pending.
B. Prior to handling a criminal matter, defense counsel should have sufficient experience or training to provide quality representation. Defense counsel should accept the more serious and complex criminal cases only after having had experience and/or training in less complex criminal matters. Where appropriate, defense counsel should consult with more experienced counsel to acquire knowledge and familiarity with all facts of criminal representation, including information about practices of prosecutors and other court personnel.
2. General Duties of Defense Counsel

Before agreeing to act as defense counsel or accepting assignment, defense counsel has an obligation to make sure that he or she has available sufficient time, resources, knowledge and experience to offer quality representation to a defendant in a particular matter. If it later appears that counsel is unable to offer quality representation in the case, defense counsel should move to withdraw.

94- 649 C.M.R. ch. 102, § 2