What is the test for a motion to discharge a retained attorney?

California, United States of America


The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):

"The right to discharge a retained attorney is, however, not absolute. [Citation.] The trial court has discretion to '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].' " (Verdugo, supra, 50 Cal.4th at p. 311, 113 Cal.Rptr.3d 803, 236 P.3d 1035.) In this context, while "a defendant seeking to discharge his retained attorney is not required to demonstrate inadequate representation or an irreconcilable conflict, this does not mean that the trial court cannot properly consider the absence of such circumstances in deciding whether discharging counsel would result in disruption of the orderly processes of justice." (People v. Maciel (2013) 57 Cal.4th 482, 513, 160 Cal.Rptr.3d 305, 304 P.3d 983(Maciel ).)

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