S.D. Ala. Crim. L.R. 44

(a) Retained Counsel.

(1) Financial Arrangements; Notice When Arrangements Are

Unsatisfactory. Retained criminal defense attorneys are expected to make

financial arrangements satisfactory to themselves and sufficient to provide for

representation of their client until the conclusion of the client’s action. Unless

the Court, within fourteen (14) days after arraignment, is notified in writing

of counsel’s withdrawal because of Defendant’s failure to make satisfactory

arrangements, the Court will expect counsel to represent the Defendant

through the conclusion of the client’s action, as defined in subsection (a)(2)

herein. Failure of a Defendant to pay sums owed for attorney’s fees or failure

of counsel to collect the sum sufficient to compensate for all the services

usually required of defense counsel will normally not constitute good cause for

withdrawal after said fourteen-day period has expired.

(2) Conclusion of Client’s Action. Unless otherwise ordered by the Court,

the conclusion of the client’s action occurs when the client is acquitted,

sentenced, or the action is dismissed. In the event that a Defendant is

convicted, retained counsel shall advise the Defendant of his/her right to

appeal and of his/her right to counsel on appeal. If requested to do so by the

Defendant, counsel shall file a timely notice of appeal. If the Defendant does

not seek an appeal, counsel shall file a statement, signed by both attorney and

client, that he/she has informed the Defendant of his/her right to appeal and

his/her right to obtain counsel on appeal but that the Defendant has advised

him/her that he/she does not seek an appeal. Upon the filing of this

statement of non-appeal, the attorney’s responsibility to represent the client

will terminate. Representation by retained counsel in other proceedings shall

terminate when the purpose of the representation is accomplished or when

terminated by Court order.

(b) Appointed Counsel.

(1) Duties. Counsel appointed under the Criminal Justice Act Plan

participate in the Plan in fulfillment of their professional responsibilities as

officers of the Court, and the limited amount of compensation accruing in no

respect diminishes that responsibility. Appointed counsel shall continue to

serve until his/her representation is terminated as provided by the Plan or by

Court order. Appointed counsel shall report to the Court any change in

his/her client’s financial status, that comes to his/her attention, where it

appears that the client is able to finance all or a part of the reasonable

attorney’s fees.

(2) Termination of Appointment. In the event that a Defendant is

convicted, counsel appointed under the Criminal Justice Act Plan shall advise

the defendant of his/her right to appeal and of his/her right to counsel on

appeal. If requested to do so by the Defendant, counsel shall file a timely

notice of appeal, and he/she shall continue to represent the Defendant unless

he/she is relieved of that responsibility by Court order. If the Defendant does

not request that an appeal be filed, counsel shall file a statement, signed by

both attorney and client, that the client has been informed of his/her right to

appeal and his/her right to obtain counsel on appeal but has chosen not to

appeal. Once the notice of non-appeal is filed, the appointment shall

terminate. Representation by appointed counsel in other proceedings shall

terminate when the purpose of the appointment is accomplished or when

terminated by Court order.

(c) Guidelines as to Maximum Compensation. The Clerk shall maintain a

schedule of guidelines for maximum compensation to be allowed by the Court,

not to exceed that provided in 18 U.S.C. § 3006A.

(d) Authorization for Expert or Other Services. Prior Court authorization

is required before obtaining services or incurring any expense such as reporter

transcripts, interpreter, investigator, psychiatrist, or other expert services.

Counsel should be aware of the maximum fees authorized for expert services in

18 U.S.C. § 3006A(e)(3). The appropriate forms for obtaining authorization for

expert services are available from the Clerk.