What is the test for a motion to substitute an attorney for a defendant in a personal injury case?

California, United States of America


The following excerpt is from People v. Tresner, C041776. (Cal. App. 2003):

"The governing legal principles are well settled. `"When a defendant seeks to discharge his appointed counsel and substitute another attorney, and asserts inadequate representation, the trial court must permit the defendant to explain the basis of his contention and to relate specific instances of the attorney's inadequate performance. [Citation.] A defendant is entitled to relief if the record clearly shows that the first appointed attorney is not providing adequate representation [citation] or that defendant and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result [citations]." [Citation.] `[S]ubstitution is a matter of judicial discretion. Denial of the motion is not an abuse of discretion unless the defendant has shown that a failure to replace the appointed attorney would "substantially impair" the defendant's right to assistance of counsel.'" (People v. Hart (1999) 20 Cal.4th 546, 603.)

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