What is the test for maintaining a personal attorney in a personal injury case?

California, United States of America


The following excerpt is from People v. Gzikowski, 186 Cal.Rptr. 339, 32 Cal.3d 580, 651 P.2d 1145 (Cal. 1982):

The right to effective assistance of counsel (U.S.Const., 6th and 14th Amends.; Cal.Const., art. I, 15) encompasses the right to retain counsel of one's choice. (People v. Holland (1978) 23 Cal.3d 77, 86, 151 Cal.Rptr. 625, 588 P.2d 765.) Though entitlement to representation by a particular attorney is not absolute (People v. Crovedi (1966) 65 Cal.2d 199, 207, 53 Cal.Rptr. 284, 417 P.2d 868), "the state should[32 Cal.3d 587] keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best, using any legitimate means within his resources--and ... that desire can constitutionally be forced to yield only when it will result in significant prejudice to the defendant himself or in a disruption of the orderly processes of justice unreasonable under the circumstances of the particular case" (id., at p. 208, 53 Cal.Rptr. 284, 417 P.2d 868).

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