Not every attorney and client is a match made in heaven. Lawyers sometimes find they are ill-equipped to provide the legal services the client needs. Other times, the client does something illegal or inappropriate, and the attorney cannot continue to ethically provide legal services. Either way, the attorney might want to quit their client, but this can only be done in certain ways under certain circumstances.
Criminal defense lawyers can quit their clients, but the process is tricky. If a lawyer wants to quit a client, they must do so in a way that does not harm the client’s legal interests. In short, you cannot leave your client high and dry with no legal representation in the middle of a criminal trial.
However, sometimes an attorney must quit a client, and they can do so if they follow proper procedures. These procedures will vary by state and possibly by court. As such, you should check state laws and court rules regarding how to withdraw from a case as a lawyer.
Why Would a Criminal Attorney Quit Their Client?
You might have heard stories about dissatisfied clients who abruptly fire their attorneys in the middle of a criminal trial, but sometimes the opposite happens. Attorneys are also capable of firing or quitting their clients, but they can only do so under certain circumstances.
An attorney may be able to more easily quit a client if there is something about the client or the case that prevents the attorney from doing their job. However, disagreements with a client over how to handle the case might also cause lawyers to quit the case.
One of the biggest reasons that attorneys must quit clients is because of non-waivable conflicts of interest. For example, suppose an Atlantic City criminal lawyer agrees to represent a criminal defendant charged with a violent offense. Next, suppose the lawyer learns that the alleged victim of the violent crime is a close friend. The attorney might be unable to continue representing the client under these conditions, and it may be a conflict of interest that cannot be resolved or waived.
Ethical concerns are another common reason for attorneys to quit clients during criminal proceedings. For example, a lawyer may be able to quit the case if their client wants them to do something illegal or unethical or is somehow using their services to commit a crime.
There may be more reasons for a lawyer to quit a client in a criminal case that is less clear-cut. For example, the client and attorney might have a major disagreement over how to handle the case. Maybe the client does not divulge all necessary information or is withholding details. This might not be illegal or an ethical problem, but it might affect the attorney-client relationship. How can you represent someone if you cannot trust that they are telling you the truth about everything?
Procedures Criminal Lawyers Must Follow When Quitting a Client
The rules for how a criminal attorney may withdrawal from a case and quit a client vary by state. The rules may also vary based on specific court rules. If you are an attorney looking to withdrawal from a criminal case, it is imperative that you consult your state’s rules.
In New Jersey, for example, attorneys may withdrawal from cases, but only if they follow specific court procedures to make sure the withdrawal does not harm the client.
According to the New Jersey Rules of Court § 1:11-1(a), an attorney can withdrawal from a criminal case more easily if a plea has not yet been entered. Under these circumstances, a lawyer may quit the client and withdrawal if they provide the court with the client’s written consent to the withdrawal and the name of a substitution attorney.
If a plea has already been entered in a criminal case and the criminal defense lawyer wants to withdrawal, the process is a bit more complicated.
First, the withdrawing attorney must provide the court with the client’s written consent for the withdrawal. If the client does not want their attorney to quit the case, the lawyer must continue to represent the client. Second, the withdrawing attorney must submit a substitution of attorney executed by both the withdrawing and substituting attorneys. Third, all parties to the case must submit a written waiver a notice and the right to be heard. Finally, the withdrawing and substituting attorneys must submit a certification that the change of lawyers will not cause a delay in the case or harm the client.
Additionally, the withdrawing attorney must provide the substituting attorney with the discovery received from prosecutors. They must submit a written certification that discovery has been provided to the new attorney before they can withdrawal.
What Not to Do if You Are a Criminal Lawyer Quitting a Client
If you find yourself looking to quit a client during a criminal trial, there are certain things you should avoid to protect yourself and to help your client avoid legal harm. Do not try to quit your client without discussing it with them first. Remember, the client needs to provide written consent to your withdrawal from the case.
Do not leave the client high and dry. Before quitting a client, you must have another attorney lined up to take over the case right away. The transition from one lawyer should be as seamless as possible.
Do not quit the client if doing so would be a detriment to their case. Leaving the client in a position where they might be unable to proceed with their case or put up an adequate defense could be an ethical violation. However, if the client is doing something illegal or forcing you into unethical decisions, inform the court and quit as soon as possible.
The best thing you can do before quitting a client is to know the laws and rules. Check court rules on how to withdrawal and name a substitute lawyer. Also, check with your state bar association about any ethical concerns you might have.
