What is the test for a motion to substitute counsel in a personal injury case?

California, United States of America


The following excerpt is from People v. Ligons, F071669 (Cal. App. 2016):

"A defendant is entitled to relief if the record clearly shows that the appointed counsel is not providing adequate representation or that defendant and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. Substitution of counsel lies within the court's discretion. The court does not abuse its discretion in denying the motion unless the defendant has shown that a failure to replace counsel would substantially impair the defendant's right to assistance of counsel." (People v. Smith, supra, 30 Cal.4th at p. 604.)

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