Many people accused of a crime are concerned about the judgment of their lawyers and even if a lawyer may refuse to defend them. The short answer is yes, a lawyer can absolutely refuse to defend someone. While lawyers may refuse to defend someone, they are not likely to do so based on whether they are guilty or not guilty. Yes, a defense attorney can refuse to take a case.
The withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes to be criminal or fraudulent, since an attorney is not required to be associated with such conduct, even if the lawyer does not promote it. A lawyer can withdraw if the client refuses to comply with the terms of an agreement related to representation, such as an agreement on court fees or costs or an agreement that limits the objectives of representation. When a lawyer has been appointed to represent a client, the withdrawal normally requires the approval of the appointing authority. While an attorney doesn't have to give a client a reason to reject a case, there could be several reasons why they would.
If a lawyer were to discuss your client's case with someone, it could jeopardize the entire outcome of the case against them. Withdrawal is also allowed if the lawyer's services were misused in the past, even if that would materially harm the client. In these situations, the defense attorney remains free to request that the defense client be assigned to another lawyer (filing a motion to withdraw from representation), assuming that the change of attorney occurs at a time when the client is not harmed by the exchange to another appointed attorney. If you or someone you know has been charged with a crime, seek legal assistance from a criminal defense lawyer.
The confidentiality of the lawyer and the client remains after the lawyer's relationship with the client ends or if the client dies. The lawyer has the option of withdrawing if it can be achieved without a material adverse effect on the client's interests. The lawyer may also withdraw when the client insists on taking steps that the lawyer deems repugnant or with which the lawyer has a fundamental disagreement. There are many reasons why a defense attorney may refuse to take a case, but it's probably not for the reason (s) you think.
When a lawyer has all the information, they can collect it and create a strategic case to clear their name. Even other lawyers on a legal team may not receive communication information unless the client deems it correct. If you have any questions about attorney-client confidentiality or need legal assistance, contact Exum Law Offices today.
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