Does a motion to substitute counsel need to be granted?

California, United States of America


The following excerpt is from People v. Thompson, B231255 (Cal. App. 2012):

It is important to note that "[a] defendant does not have the right to present a defense of his own choosing, but merely the right to an adequate and competent defense. [Citation.] Tactical disagreements between the defendant and his attorney do not by themselves constitute an 'irreconcilable conflict.' 'When a defendant chooses to be represented by professional counsel, that counsel is "captain of the ship" and can make all but a few fundamental decisions for the defendant.' [Citation.]" (People v. Welch, supra, 20 Cal.4th at pp. 728-729.)

Neither does a lack of rapport or a lack of trust between defendant and counsel require that a motion to substitute counsel be granted. (People v. Memro, supra, 11 Cal.4th at p. 857.) "'[T]he Sixth Amendment does not guarantee a "'meaningful relationship' between an accused and his counsel." [Citation.]'" (People v. Clark (1992) 3 Cal.4th 41, 100.)

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