Withdrawal From Criminal Proceedings
A lawyer who seeks to withdraw services before an impending criminal trial because of non-payment of fees or for another adequate reason must ensure that the client has sufficient time to obtain a lawyer prior to the trial and that the new lawyer has adequate time to prepare for the trial. If these conditions are not met, the lawyer may not withdraw.
If the period of time between the notice of withdrawal and the trial is sufficient to enable the client to obtain representation, the lawyer seeking withdrawal must also:
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notify the client, in writing, that the lawyer is withdrawing because the fees have not been paid or for other adequate cause;
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account to the client for any money received on account of fees and disbursements;
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notify Crown counsel in writing that the lawyer is no longer acting for that client;
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notify the clerk or registrar of the appropriate court, in writing, that the lawyer is no longer acting in a case when the lawyer’s name appears on the records of the court as acting for the accused; and
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comply with the applicable Rules of Court.
If the date set for trial is not sufficient to allow a new lawyer to prepare adequately, the first lawyer may not withdraw for non-payment of fees. Where the withdrawal is for justified reasons, other than the non-payment of fees, and there is not a sufficient interval of time between the notice to the client and the trial for the client to find another lawyer and for the new lawyer to prepare for trial, the first lawyer should attempt to have the trial date adjourned, unless the client instructs otherwise.
See rules 3.7-4 to 3.7-6 of the Code of Conduct for additional restrictions for withdrawal of services from criminal matters.