In an episode of Harry’s Law the judge refused to allow Harry to withdraw from representing a client because it would prejudice the jury.
Can a judge really do this? (yes, I know almost everything in that show was pure BS)
Probably not, but the lawyer might face sanctions for the bar association if they’ve done so improperly.
In criminal cases, yes. Once you agree to represent a client you need the permission of the court in order to be released. Can’t speak to civil cases.
Yes, after you’ve entered an appearance, you need the court’s permission to withdraw. The court will inquire into the reason for the requested withdrawal (and it almost always falls into one of three things: non-payment, non-cooperation (by the client), or ethical conflicts).
In general, the court will allow the withdrawal without a second thought. Courts aren’t in the business of making lawyers represent non-paying or uncooperative clients. On the rare occasion that this does not happen, usually it’s just a matter of briefly delaying the withdrawal until the client can make alternative arrangements (or squanders his time to make alternative arrangements).
The scenario envisioned by your teevee program is pretty horeshitfully bogus, IMHO. Raising the consciousness of the jury is not an appropriate basis to block a withdrawal that the attorney and client wish to effectuate.
Yes. Around here, judges routinely prevent attorneys from withdrawing, especially if it’s on the jury docket, it’s a felony, or the defendant is in jail.
I once asked to withdraw and was told it was “too early”. At the next setting I was told it was “too late”(!)
Well, to the extent that a jury has already been empaneled, it’s a really bad time to withdraw. It’s not as though another attorney is going to be able to prepare a case if a jury trial has already begun.
I assume that the client did not want the attorney to withdraw in the TV show the OP was watching.
ETA: the Model Rules of Professional Conduct have this to say:
It depends on the type of case. In a civil case, it would be pretty rare to have a request to withdraw denied. But in a criminal case, it’s very hard to get out if the client is not in agreement with the withdrawal.
Yes in California.
Sure it is inconvenient. But on the other hand, lawyers don’t usually seek withdrawal because “Hey, not really fuhlling this anymore.” Instead, it tends to be: “Hey, client hasn’t pain in four months, and doesn’t look he plans ever to pay.” Or, “Client has stopped communicating with this law firm.”
A lawyer generally will not ask to withdraw during a trial unless severe non-cooperation has set in, the client wishes to dismiss the attorney, or a serious ethical conflict has surfaced.
There’s the rub. I’m sure what are considered acceptable criteria vary quite a lot by state.
I ‘fired’ an attorney once prior to court appearance in a civil matter, becuase I didn’t want to pay for him to appear. His involvement had been to draft an answer and one (1) letter to plaintiff. The judge wanted to know where attorney was and told me that attorney could not drop out once he was in. Judge chewed on me a while aas attorney was not there to be chewed on and was plainly angered at attorney. I explained it was my decision, judge countered that attorney should know better etc. Eventually allowed to represent self, but judge made quite the to-do.
In Ohio, lawyers are routinely granted leave to withdraw from a case unless doing so would prejudice the client. The quintessential example of prejudice would be in a criminal trial after the jury has already been empaneled. As Kimmy said, the usual reasons for withdrawing are “non-payment, non-cooperation (by the client), or ethical conflicts.” In my experience, it’s far and away most often the first. There’s even a slang phrase for it here - a lawyer will often jokingly confide, “Mr. Green hasn’t yet made an appearance,” i.e., I haven’t been paid.
Amusingly, the hush-hush term in Florida is substantially the same: “I am unable to locate my witness, Mr. Green.”
I don’t know what the law is on this point in Canada; there are cases where lawyers have applied for leave to withdraw, as in the article cited by Canadjun, but I’ve also heard defence counsel assert that they have an absolute right to withdraw and don’t need the permission of the court; that applications are more a matter of courtesy and to manage the withdrawal to avoid prejudice to the client.
I have, however, seen a defence lawyer withdraw, in the middle of a jury trial, where his client was charged with first degree murder. The judge was very reluctant to allow it, but the defence counsel simply kept advising the Court that he could no longer continue in the role. His client was in accord. I assumed that was an oblique way of advising the Court that the lawyer and the client could not agree on the conduct of the defence.
Finally, the judge allowed the withdrawal, and adjourned for lunch. I asked the former defence counsel if he wanted to go for lunch. He grinned and said, “No, I’m getting out of town before the judge changes his mind and tells me to come back.” And off he went.
The accused represented himself for the rest of the trial. He was convicted of second degree murder, rather than first, so he did have some success…
In Australia and the UK, the term “instructions” is used to describe a client’s communications with his lawyers. Lawyers give advice, then clients give instructions about what they want done - enter a plea of guilty, settle a law suit, etc. It also covers the client’s version of events. The process is an ongoing one. And lawyers don’t take instructions or act on them unless they are paid.
Thus, the code here when a client isn’t able to pay is “My client is unable or unwilling to give proper instructions, Your Honour”
Thus, the jargon for fees when some (but not much) delicacy is called for is “folding instructions”.
I should mention that in the episode in post 15, it wasn’t a financial issue, as counsel was court-appointed in the first place, being paid from public funds.
It was clear that there was a major disagreement between defence counsel and his client; the client was aboriginal and in open court had called his lawyer a racist, which triggered a break-down in the relationship.
I remember an English cartoon that showed a judge, barrister and defendant in court. The barrister has some papers on the table in front of him.
The defendant says, “M’lud, I want a new lawyer. Mine doesn’t pay any attention to me.”
The judge asks, “Well, what do you have to say to that, Mr. Jenkins?”
The barrister says, “I’m sorry, what was that, M’lud? I wasn’t paying attention.”
For example:
Local Rules, Cuyahoga County, Ohio Common Pleas Court;
10.0 ENTRY OF APPEARANCE AND WITHDRAWAL OF COUNSEL
(A) Entry of Appearance.
All entries of appearance of counsel in any action shall be in writing.
In civil cases, entry of appearance by counsel may be effected by signature of counsel on a pleading, motion or letter to the Court.
In criminal cases, entry of appearance by counsel shall be on a form provided by the Court or by letter to the Court signed by counsel.
Until an entry of appearance properly made and signed by counsel has been filed, counsel shall not be entitled to appear at any proceeding in the action.
(B) Withdrawal of Counsel.
It is contemplated that counsel who has entered an appearance in the case shall remain in the case until it is concluded.
However, upon written motion for leave to withdraw from the action and for good cause shown, the Court may permit counsel to withdraw. Prior to or contemporaneously with the filing of a motion for leave to withdraw as counsel, counsel shall serve the client with a copy of the motion by certified mail, return receipt requested. Additionally, counsel shall include in the motion a certificate of service that states the date and manner in which the client and all other counsel of record have been notified.
The Court in which a motion for leave to withdraw as counsel is filed may, in its discretion, set a hearing date on the motion and may require the attendance of all counsel and clients. If the Court requires the attendance of clients at the hearing, it shall be the responsibility of counsel to inform the client of the hearing date and time by certified mail, return receipt requested.
The provisions of DR 2-110, EC 2-29 and EC 2-31 of the Code of Professional Responsibility are incorporated herein.
Effective 05/01/99
Much more formal than I’m used to. For instance, that requirement to sign in as counsel , in writing. In the courts I practise in, it’s enough just to show up and say “My Lord [ or Your Honour, depending on the court], my name is So-and-So, and I represent Mr Client.”