What is the test for a defendant to request a new attorney in a civil case?

California, United States of America


The following excerpt is from People v. Mammoth, G050924 (Cal. App. 2015):

Unless "'the record clearly shows that the first appointed counsel is not adequately representing the accused'" and that the failure to appoint other counsel would "'substantially impair or deny'" the defendant's right to counsel, the trial court is not required to accede to the defendant's request for a new attorney. (Ibid.) In other words, a defendant is entitled to a new attorney only "if the record clearly shows that the appointed counsel is not providing adequate representation or that defendant and counsel have become embroiled in such irreconcilable conflict that ineffective representation is likely to result." (People v. Smith (2003) 30 Cal.4th 581, 604.)

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