# NOTICE OF NON-COMPLIANCE -- ASSIGNED COUNSEL

**[NY] Demand for Competent Representation and Communication**

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

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**NOTE:** This notice assumes good faith and seeks cooperative compliance with procedural requirements. It is not an accusation of misconduct, but a formal request to ensure complete record and proper procedure.

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## 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

## Procedural Status

As of {{date}}, the record does not reflect:

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

## Demand

You are demanded to:

1. **Contact me within {{X}} business days** via {{phone/email}} to discuss case status and strategy.
2. **Provide written summary** of current status, upcoming deadlines, and proposed actions.
3. **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.

## Cooperative Resolution

If the requested actions are completed within {{X}} business days, no further action is necessary. This notice will serve only as record preservation for procedural compliance.

## Preservation Notice

This notice preserves the procedural record for:

- Motion to address representation issues if informal resolution fails
- Appellate review (if applicable)
- Administrative record of good-faith compliance efforts

If informal resolution is unsuccessful and representation concerns persist, you may need to consult with the court about potential remedies including motion for substitution of counsel.

## Service

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

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**Certification of Service**

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

{{Your Signature}}
{{Your Name}}
{{Address}}
{{Phone}}
{{Email}}