What is the legal test for terminating a retained attorney?

California, United States of America


The following excerpt is from People v. Rainey, D069431 (Cal. App. 2016):

"The right to retained counsel of choice issubject to certain limitationsguaranteed under the Sixth Amendment to the federal Constitution. [Citations.] In California, this right 'reflects not only a defendant's choice of a particular attorney, but also his decision to discharge an attorney whom he hired but no longer wishes to retain.' [Citations.] When a defendant makes a 'timely motion to discharge his retained attorney and obtain appointed counsel,' unlike when a defendant seeks to substitute one appointed counsel for another, he is not required to demonstrate 'inadequate representation by his retained attorney, or to identify an irreconcilable conflict between them.' " (People v. Maciel (2013) 57 Cal.4th 482, 512 .)

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