JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF NON-COMPLIANCE — ASSIGNED COUNSEL

[NY] Demand for Competent Representation and Communication

⚠️ Before Using This Template

When to Use Notice to Assigned Counsel

USE this template when:

Assigned counsel hasn't contacted you in weeks/months despite your attempts
Counsel missed court dates or failed to file important motions
You disagree with counsel's strategy and they won't explain or discuss
Counsel won't return calls/emails about case status
You need to create record of communication failures before seeking new counsel

DO NOT use this if:

You simply disagree with counsel's legal advice (that's not misconduct)
Counsel explained their strategy and you just don't like it
You want counsel to lie, file frivolous motions, or violate ethics
This is first communication problem (try calling/emailing first)
You're upset about losing (outcome ≠ incompetence)

Appropriate example: Assigned counsel hasn't returned 10+ calls over 3 months; missed last court date; you don't know case status.

Inappropriate example: Counsel advised plea deal you don't want (they're allowed to recommend strategy you disagree with).

Try These Steps First

Before sending this notice:

Multiple contact attempts: Call, email, show up to office (document each attempt)
Contact supervisor: If public defender, contact their supervisor
Court appearance: Ask judge at next appearance about getting counsel to respond
Write informal letter: Send non-threatening letter asking for meeting
Understand their obligations: Read RPC 1.1-1.4 to confirm actual violation

Document everything: Save voicemails, emails, screenshots showing attempts to contact.

Resource Requirements & Consequences

⚠️ Important Considerations:

Timeline: Counsel may respond within days; or you may need to seek substitution
Relationship: This will likely damage attorney-client relationship
Motion to substitute: You may need to file motion if counsel doesn't improve
You're stuck with them until: Court grants substitution (hard to get in criminal cases)
What this achieves: Creates record for ineffective assistance claim; may prompt compliance
What this does NOT do: Automatically get you new counsel or guarantee better representation

Alternatives to consider:

Supervisor complaint: If public defender, complain to their office first
Motion to relieve: Ask court to appoint new counsel (need good cause)
Grievance complaint: For serious misconduct (abandonment, fraud, etc.) - use Attorney Grievance template
Consult attorney: If you can afford private counsel, that's fastest solution

Best practice: Use this as last resort before seeking counsel substitution; it documents your attempts to work with assigned counsel.

TO: {{Counsel Name}}, Esq., Assigned Counsel FROM: {{Your Name}}, Client DATE: {{Date}} CASE: {{Caption}} | {{Index / Docket Number}} COURT: {{Court Name and County}} SUBJECT: Notice of Non-Compliance with Duties Under Rules of Professional Conduct

Legal Authority

You are bound by:

RPC 1.1: Duty of competent representation
RPC 1.2: Client determines objectives; counsel consults on means
RPC 1.3: Duty of diligence and promptness
RPC 1.4: Duty to communicate with client, including:
- Promptly informing client of material developments
- Reasonably consulting about means to achieve objectives
- Keeping client reasonably informed about status of matter

Identified Deficiencies

As of {{date}}, you have failed to:

Communicate: No contact since {{date or "assignment"}}, despite {{number}} attempts to reach you via {{phone/email}}.
Consult on strategy: No discussion of {{plea, motion, defense theory, settlement, etc.}}.
Provide case status: No updates on {{upcoming hearings, discovery, court orders}}.
File required motions: Failed to move for {{relief requested}}, despite {{basis for motion}}.
{{Additional deficiencies as applicable}}

Demand

You are demanded to:

Contact me within {{X}} business days via {{phone/email}} to discuss case status and strategy.
Provide written summary of current status, upcoming deadlines, and proposed actions.
File or explain non-filing of {{specific motion or pleading}} within {{Y}} business days.

Client Objectives

I instruct you to pursue the following objectives in this case:

{{Objective 1}}
{{Objective 2}}
{{Objective 3}}

Failure to follow these instructions or explain why they conflict with ethical duties constitutes abandonment of representation.

Preservation and Remedy

This notice preserves the record for:

Motion to relieve or replace assigned counsel
Appellate claim of ineffective assistance of counsel
Grievance complaint under 22 NYCRR Part 1240

Service

Served via {{email / certified mail / hand delivery}} on {{date}}.

Certification of Service

I certify that this Notice of Non-Compliance was served upon {{Counsel Name}} via {{method}} on {{date}}.

Procedural Compliance Framework

Notice of Non-Compliance - Assigned Counsel