Rule 307 - Counsel for the Subject or Ward(a) IN GENERAL. Counsel for the subject or ward must zealously represent and advocate for: (1) the subject's or ward's expressed wishes; or(2) if the subject or ward is unconscious or otherwise wholly incapable of expressing his or her wishes, the result that is the least restrictive option in type, duration, and scope, consistent with the interests of the subject or ward as determined by the guardian ad litem.(b) NOTICE OF APPEARANCE. (1)In General. Counsel must promptly file a notice of appearance.(2)Retained Counsel. If counsel is retained by the subject or ward, the notice of appearance must state:(A) whether counsel was retained after the court appointed counsel; and(B) whether retained counsel has previously served as counsel for the subject or ward.(3)Termination of Appointed Counsel. Unless a petition to strike retained counsel is filed, the appearance of counsel appointed for the subject or ward terminates when the notice of appearance of retained counsel is filed.(c) PETITION TO STRIKE APPEARANCE (1)In General. If appointed counsel, an appointed guardian ad litem, an appointed visitor, an appointed examiner, or any person entitled to notice objects to the appearance of retained counsel, that person may file a petition to strike the appearance of retained counsel.(2)Hearing. If a petition to strike the appearance of counsel is filed, the court must, as soon as practicable, hold a hearing, attended only by:(D) the person filing the petition and any counsel representing that person; and(E) any guardian ad litem, visitor, or examiner appointed in the case.(3)Striking the Appearance. After the hearing, the court may strike the appearance of counsel retained by the subject or ward if the court finds that: (A) retained counsel has a conflict of interest that will prevent counsel from zealously representing the subject or ward;(B) the entry of appearance of retained counsel would unduly delay trial of the case; or(C) there is any other basis for striking the appearance.(d) PRACTICE STANDARDS. Counsel must represent the subject or ward in accordance with the Probate Attorney Practice Standards.(e) TERMINATION OF APPEARANCE. Unless otherwise ordered by the court, the appearance of counsel for the subject or ward terminates upon the disposition of the petition for which counsel's appearance was entered. Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
D.C. Code § 21-2033 (2021 Supp.) and this rule require counsel to act as a zealous advocate for the subject and not as a guardian, independent investigator, or objective finder of fact. Counsel should file a responsive pleading consistent with the requirements of the practice standards, such memoranda as is needed to address unique issues or special circumstances, or any pleading requested by the court, but should not file a "report" or a pleading consisting of a general discussion of the case. In representing the subject, counsel should remain free from the influence of persons whose interests conflict with the subject's physical, mental or financial well-being. Counsel for the subject may make decisions with respect to the conduct of the intervention proceeding or other litigation.