Neighborhood Legal Services Program v. MF RYAN

District of Columbia Court of Appeals

Neighborhood Legal Services Program v. MF RYAN

276 A.2d 728, 1971 D.C. App. LEXIS 308

CourtDistrict of Columbia Court of Appeals

DecidedMay 5, 1971

Docket5500

StatusPublished

Cited by5 cases

This text of 276 A.2d 728 (Neighborhood Legal Services Program v. MF RYAN) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Neighborhood Legal Services Program v. MF RYAN, 276 A.2d 728, 1971 D.C. App. LEXIS 308 (D.C. 1971).

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Opinion

KERN, Associate Judge:

The trial court sitting in the Domestic Relations Branch of the District of Columbia Court of General Sessions * assigned certain attorneys employed by the Neighborhood Legal Services Program (NLSP) to represent defendant in proceedings initiated by indigent plaintiffs also represented by NLSP attorneys. Petitioners seek from us a writ of mandamus or prohibition against the court directing the cessation of such appointments because NLSP attorneys would thereby be forced to violate the Code of Professional Responsibility and could not under these circumstances be “disinterested” attorneys as our Code requires. 1

The writs which petitioners seek are' extraordinary and should not be lightly issued unless normal review procedures are unavailable. Morrow v. District of Columbia, 135 U.S.App.D.C. 160, 168, 417 F.2d 728, 736 (1969); United States v. Kronheim, D.C.Mun.App., 80 A.2d 280, 282 (1951). In view of our holding in Borden v. Borden, D.C.App., 277 A.2d 89, we are confident that the issue of appointment of NLSP attorneys will be resolved and we therefore deny the relief requested in this case. See Brown v. Fauntleroy, D.C.Cir., 442 F.2d 838 at 842 (Decided Feb. 26, 1971).

So ordered.

*

Now the Superior Court of the District of Columbia.

1

. D.C.Code 1967, § 16-918.

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KERN, Associate Judge:

The trial court sitting in the Domestic Relations Branch of the District of Columbia Court of General Sessions * assigned certain attorneys employed by the Neighborhood Legal Services Program (NLSP) to represent defendant in proceedings initiated by indigent plaintiffs also represented by NLSP attorneys. Petitioners seek from us a writ of mandamus or prohibition against the court directing the cessation of such appointments because NLSP attorneys would thereby be forced to violate the Code of Professional Responsibility and could not under these circumstances be “disinterested” attorneys as our Code requires. 1

The writs which petitioners seek are' extraordinary and should not be lightly issued unless normal review procedures are unavailable. Morrow v. District of Columbia, 135 U.S.App.D.C. 160, 168, 417 F.2d 728, 736 (1969); United States v. Kronheim, D.C.Mun.App., 80 A.2d 280, 282 (1951). In view of our holding in Borden v. Borden, D.C.App., 277 A.2d 89, we are confident that the issue of appointment of NLSP attorneys will be resolved and we therefore deny the relief requested in this case. See Brown v. Fauntleroy, D.C.Cir., 442 F.2d 838 at 842 (Decided Feb. 26, 1971).

So ordered.

*

Now the Superior Court of the District of Columbia.

1

. D.C.Code 1967, § 16-918.

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276 A.2d 728, 1971 D.C. App. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neighborhood-legal-services-program-v-mf-ryan-dc-1971.

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