The short answer to this is yes, an attorney can absolutely refuse to defend someone. While lawyers can refuse to defend someone, they are not likely to do so based on whether they are guilty or not guilty. You should have a good relationship with your lawyer because they are the one fighting for you.
A motion to withdraw is when a lawyer will file with the court to get the judge's permission to stop representing their client.
Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
If your lawyer does withdraw from the case, he or she must inform you and the court. However, the court may refuse an attorney's request and order him or her to continue to represent you.
Before the plea, the prosecutors may decide to withdraw the case, in which case the accused will not get a verdict and is not entitled to one. Prosecution can be re-instituted again at a later stage, so it's important to know that withdrawing the case is not the same as being acquitted.
Mandatory Withdrawal [2] A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Rules of Professional Conduct or other law.
Such steps include giving the client "reasonable notice" of the termination, surrendering papers and property to which the client is entitled, and refunding advance payment of fees that have not been earned.
Every time you want to decline to represent a prospective client, you should use a non-engagement letter. Otherwise, you risk the possibility that the prospective client could mistakenly think you're their attorney on a matter.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.