Breaking Up with Your Criminal Defense Attorney
What Clients Need to Know
Breaking up is hard to do—even when it’s with your attorney. Understanding why and how an attorney might need to withdraw from representing a client can help you navigate this challenging situation more effectively. In this post, we’ll explore the reasons behind attorney withdrawal, what you should do if it happens to you, and how to maintain a strong attorney-client relationship to prevent it.
The Rules of Professional Conduct guide attorneys in their ethical and legal duties. Under Rule 1.16, there are mandatory and permissive grounds for withdrawal. Additionally, Rule 6.3 of the Arizona Rules of Criminal Procedure outlines procedural requirements and duties for attorneys in criminal cases.
Before representing a defendant, an attorney must file a notice of appearance, formalizing their role in the case. Once involved, the attorney has a continuing duty to represent the defendant in all trial court proceedings, including appeals, unless the court permits withdrawal.
Mandatory Grounds for Withdrawal:
Violation of Law or Ethical Rules: An attorney must withdraw if continuing representation would result in breaking the law or violating ethical rules.
Impaired Ability: If an attorney’s physical or mental condition impairs their ability to represent the client, they must withdraw.
Discharge by Client: Clients have the right to discharge their attorney at any time.
Permissive Grounds for Withdrawal:
Client's Criminal or Fraudulent Conduct: The client persists in criminal or fraudulent actions.
Uncooperative Behavior: The client refuses to cooperate or follow the attorney’s advice, making effective representation impossible.
Failure to Pay: The client fails to fulfill financial obligations despite reasonable warnings.
Unreasonable Financial Burden: Continuing the representation would impose an unreasonable financial burden on the attorney.
Procedural Requirements for Withdrawal:
After Case Set for Trial: To withdraw after a trial date is set, counsel must provide new counsel’s details or ethical grounds for withdrawal to avoid trial disruptions.
File Preservation: Defense counsel must maintain and transfer complete case records to successor counsel to ensure continuity in representation.
Common Reasons for Withdrawal:
Lack of Communication: Communication is key in any relationship, especially between an attorney and client. If a client consistently fails to communicate, misses appointments, or ignores calls, an attorney may find it impossible to proceed effectively.
Client’s Uncooperative Behavior: Sometimes clients are unwilling to listen to legal advice or cooperate in their defense. This uncooperative behavior can make it difficult for an attorney to do their job, leading to withdrawal.
Financial Issues: If a client fails to pay legal fees or fulfill financial agreements, the attorney may need to withdraw. This ensures that the attorney’s business can continue to operate effectively.
Ethical Dilemmas: An attorney must adhere to strict ethical standards. If a client asks the attorney to engage in unethical behavior or if continuing representation would violate ethical rules, the attorney must withdraw.
Strategic Disagreements: Disagreements over case strategy can also lead to a “break up.” If the client and attorney cannot agree on how to proceed with the case, it might be best for the attorney to withdraw.
What Clients Should Do:
If you find yourself in a situation where your attorney needs to withdraw, here are some steps to take:
Communicate Openly: Try to resolve any issues by communicating openly with your attorney. Misunderstandings and disagreements can often be resolved through honest conversation.
Follow Advice and Cooperate: Cooperate with your attorney and follow their advice. Remember, they have the expertise and experience to guide you through the legal process.
Address Financial Obligations: Ensure you meet your financial obligations. If you’re having difficulty, discuss it with your attorney to find a possible solution.
Find New Representation: If your attorney does withdraw, start looking for new representation immediately. Ask for recommendations and ensure your new attorney has all the necessary information to take over your case.
Conclusion:
Understanding the reasons behind attorney withdrawal can help you navigate this process more smoothly. Maintaining open communication, cooperating with your attorney, and meeting your financial obligations are key to a successful attorney-client relationship. If a "break up" does occur, take proactive steps to find new representation and continue your legal journey.
