Is a criminal defendant entitled to discharge his retained attorney with or without cause?

California, United States of America


The following excerpt is from People v. Torrence, A142592, A150186, A150345 (Cal. App. 2018):

A criminal defendant has the right to discharge a retained attorney, with or without cause. (People v. Ortiz (1990) 51 Cal.3d 975, 983.) "A nonindigent defendant's right to discharge his retained counsel, however, is not absolute. The trial court, in its discretion, may deny such a motion if discharge will result in 'significant prejudice' to the defendant [citation], or if it is not timely, i.e., if it will result in 'disruption of the orderly processes of justice' [citations] . . . . [T]he 'fair opportunity' to secure counsel of choice provided by the Sixth Amendment 'is necessarily [limited by] the countervailing state interest against which the Sixth Amendment right provides explicit protection: the interest in proceeding with prosecutions on an orderly and expeditious basis, taking into account the practical difficulties of "assembling the witnesses, lawyers, and jurors at the same place at the same time." ' The trial court must exercise its discretion reasonably: 'a myopic insistence upon expeditiousness in the face of a justifiable request for delay can render the right to defend with counsel an empty formality.' " (Id. at pp. 983-984.)

Page 38

Other Questions


Is a criminal defendant entitled to discharge his retained attorney? (California, United States of America)
Can a plaintiff discharge his retained attorney with or without cause? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (California, United States of America)
Does a client who discharges his litigation counsel and retains new counsel to consummate litigation retain the work product of the attorney even if the attorney has been paid for his services? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Does section 12022.53, subdivision (e)(1) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.