Q: Is it unusual for an attorney to switch his practice from criminal law to civil law , right before a jury is picked for
My person has been in county jail for over a year (sept.28 2023) . A court appointed attorney has the case. A jury is about to be choose. , for the trial . The appointed attorney has suddenly decided to change his practice to civil matters only vs criminal matters. Resulting in a new attorney being appointed less than a week before jury selection is to begin. This seems like more than bad timing to me. I’d think an attorney would or should complete a case not abandon it. How unusual or usual is this?
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A:
This situation is quite concerning and unusual for an appointed criminal defense attorney to withdraw so close to trial, especially after having the case for over a year. While attorneys can change their practice areas, they typically have an ethical obligation to complete their existing cases or ensure a smooth transition that doesn't prejudice their clients.
The timing raises red flags because the new attorney will have very little time to prepare for jury selection and trial. This could potentially harm your person's defense, as the new attorney needs adequate time to review evidence, understand the case strategy, and build rapport with the defendant. You might want to raise these concerns with the court, as judges often require attorneys to show "good cause" for withdrawing from a case, particularly when it could delay proceedings or impact the defendant's right to effective counsel.
You should document this situation and discuss it with the new attorney immediately. Ask them if they feel they have enough time to prepare properly for trial, and if not, they may need to request a continuance from the court. You might also want to file a complaint with the state bar if you believe the original attorney's withdrawal was handled unprofessionally or violated their ethical obligations to your person.
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