What is the test for replacement counsel in a personal injury case?

California, United States of America


The following excerpt is from People v. Gutierrez, E053552 (Cal. App. 2013):

failure to replace counsel would substantially impair the defendant's right to assistance of counsel.'" [Citations.] Substantial impairment of the right to counsel can occur when the appointed counsel is providing inadequate representation or when "the defendant and the attorney have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result [citation]." [Citations.]' [Citation.]" (People v. Myles (2012) 53 Cal.4th 1181, 1207.)

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