Friday, May 1, 2009

Withdrawing from the Defense of a Criminal Case

There is a very interesting recent article discussing the potential pitfalls of withdrawing from a criminal case.  The article, found at http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202430344963, notes the continued duties of confidentiality and possible conflicts with the client.  The author, a N.Y. defense attorney, further explores how the withdrawal may be perceived by the public.  There can very well be adverse impact on the client by virtue of the withdrawal.  In high-profile cases, there will surely be rampant speculation about the reason for withdrawal.  The same may be said for an attorney being removed by the client.

There are many reasons why an attorney may seek to withdraw.  Without exhausting the possibilities, fee disputes, non-payment, strategic disputes, and an attorney's ethical inability to continue representation come to mind.  In my experience, attorneys do not wantonly seek to withdraw.  They recognize there is a stigma and possible adversity to the client -- and sometimes to the attorney -- where there is withdrawal.   It is not a decision to be taken lightly. If undertaken, care must be taken not to run afoul of ethical prohibitions.  

An attorney should remain close-lipped about client disputes, including the reason(s) for withdrawal.  Likewise, an attorney should refrain from grousing about the client who discharges him.  It happens.  It is not pleasant.  Move on.  Remain professional.  If you must continue to deal with the press on the matter, be sure to coordinate with the client and new counsel about any statements.

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