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

California, United States of America


The following excerpt is from People v. McGehee, B250781 (Cal. App. 2014):

Given that appellant sought to discharge his retained attorney on the morning of jury selection and had not yet retained a new attorney prepared to move forward with trial, the trial court did not abuse its discretion in finding his request untimely. (People v. Keshishian (2008) 162 Cal.App.4th 425, 429 (Keshishian) [affirming denial of day-of-trial discharge request when defendant explained he "'lost confidence'" in his retained attorney because the case had been pending for two and a half years, an indefinite delay was necessary, and defendant had not identified or retained new counsel]; People v. Hernandez (2006) 139 Cal.App.4th 101, 109 [suggesting denial of a request to discharge retained counsel "almost

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