What is the legal test for the withdrawal or substitution of counsel in a criminal case?

California, United States of America


The following excerpt is from People v. Rossy, E068385 (Cal. App. 2019):

"Code of Civil Procedure section 284 is a general statute that governs the withdrawal or substitution of counsel in both civil and criminal cases." (Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1171, citing In re Haro (1969) 71 Cal.2d 1021, 1029.) Under that provision, an attorney "may be changed at any time before or after judgment or final determination . . . [] . . . [] [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other." (Code Civ. Proc., 284.) "'Having undertaken the defense of a criminal case an attorney must continue with his services until he is released by the client or by the court. He may apply to the court for release from further services and for good cause shown may be

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released.'" (People v. Prince (1968) 268 Cal.App.2d 398, 406 (Prince).) "If the defendant refuses to consent to a substitution of counsel, counsel who wishes to withdraw must move for an order allowing withdrawal, citing one of the grounds for withdrawal in Cal Rules of Prof Cond 1.16." (Cal. Criminal Law: Procedure and Practice (Cont.Ed.Bar 2d ed. 2019) 3.1, p. 49.)

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