case or in Silo v. Marks. Thus, I find no actual or potential conflict of interest in this matter by virtue of the Mathers' relationship.
The possibility of an appearance of impropriety presents the most frequently troubling aspect of the lawyer-spouse conflict problem. An appearance of impropriety may arise in certain egregious examples, such as when spouses personally represent opposing parties in a litigation. But cf. Formal Opinion 340, 61 A.B.A.J. at 1342 (no per se violation of a Disciplinary Rule). But if courts regularly disqualified attorneys and their law firms from representing clients with interests adverse to clients represented by the attorneys' spouses' law firms, courts would effectively preclude married lawyers from practicing in the same communities as their spouses. The Georgia Supreme Court has refused to disqualify counsel under Canon 9 for precisely this reason. Blumenfeld v. Borenstein, 247 Ga. 406, 276 S.E.2d 607 (1981); see also Cross, 34 Vand.L.Rev. at 1451-1454. Justice Clarke aptly stated the Georgia court's view that "[a] per se rule would effectively create a category of legal 'Typhoid Marys,' chilling both professional and personal choices." 276 S.E.2d at 609.
I find the Georgia Supreme Court's concerns well-founded. Mr. Silo has argued that because defendants in this case were represented by associates of Mr. Mather and because Mr. Silo was represented in Silo v. Marks by an associate of Ms. Mather, an appearance of impropriety resulted. To reach that result would go a long way towards making lawyers married to other lawyers unemployable.
IV. Motion to Withdraw
Professor Goldberger has moved to withdraw as counsel because he (1) plans to move out of the area and (2) finds Mr. Silo an unreasonably difficult client to represent within the meaning of DR 2-110(C)(1)(d). Mr. Silo does not contest either of these allegations. Instead, Mr. Silo argues that, before Professor Goldberger can be permitted to withdraw, he must file an appellate brief satisfying the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
In Anders, the Supreme Court held that a criminal defendant's right to counsel on his first appeal of right included a right to have counsel advocate the appeal rather than act as an amicus curiae. In the event that counsel can not in good faith prosecute the defendant's appeal to its conclusion, he must file a brief pressing defendant's best claims before withdrawing.
Anders applies specifically to appeals from criminal convictions. Civil litigants have no right to appointed counsel. Subject to counsel's ethical obligations and court approval, an appointed counsel may withdraw at any time without prejudicing a civil plaintiff's constitutional rights.
Mr. Silo has cited no case in which a court applied Anders ' reasoning to an appeal from a civil judgment. This court's independent research has not located such a reported decision. Accordingly, Mr. Silo's contention on this score has no merit.
Immediate withdrawal by Professor Goldberger would prejudice Mr. Silo's rights however. As discussed above, the notice of appeal filed by Professor Golderberger on Mr. Silo's behalf had no effect because of Mr. Silo's pending motion under Rule 59(e). Fed.R.App.P. 4(a)(4). I will therefore grant Professor Goldberger's motion to withdraw as counsel effective thirty-one days from the entry of the accompanying Order.