Civil? 3.7-3 Criminal ? 3.7-4, Cunningham Requirement good cause include – Serious loss of confidence Non-payment of fees Should ensure sufficient time for client to obtain other’s services Civil proceeding Not require to obtain court’s approval b4 w/draw Court has no jurisdiction to prevent lawyer from doing so Decision to withdraw reviewable by court –not Unless evidence for improper purpose contempt Crim court can exercise discretion to refuse withdrawal Cunningham – Decision to withdraw professional responsibility – If adequate time n conditions met OK 3.7-4 – – If not adequate time cannot withdraw 3.7-5, Cunningham – Reasonable notice to client Unless client cannot be located after reasonable efforts Governing Principle – Protect client’s int to best of lawyer’s ability Not desert client at critical stage of matter or put them in position of disadv/ peril General rule Enough time to retain n instruct replacement counsel Every effort should be made to ensure withdrawal occurs at appropriate time Not permitted To court time Prevent other counsel from reallocating time / resources for matter in question Power of court Cunningham Can even use contempt trial but should only be use sparingly – Purpose to protect admin of justice and ensure fairness – Not disciplinary Law society reactive to discipline – Approach Timing Far in advance no adjournment needed – withdraw no need to enquire into reasons – If timing is issue enquire further – Ethical reason have to allow – Inappropriate to require counsel to continue to act that would put them in violation of professional responsibilities Cannot say non-pmt is an ethical reason Financial reason court has discretion - Consider – whether its feasible for accused to rep themselves other means of obtaining rep impact on accused from delay esp if in custody – conduct of counsel - Reasonable notice? Impact on crown n any co-accused Impact on complainant, witness, jurors Fairness to defence counsel Expected length n complexity of proceeding History of proceedings Court’s approach Determine whether withdraw cause serious harm to administration of justice Accept counsel’s answer at face value Don’t enquire further to avoid trenching potential issues of privilege
Civil? 3.7-3 Criminal ? 3.7-4, Cunningham Requirement good cause – include Serious loss of confidence Non-payment of fees Should ensure sufficient time for client to obtain other’s services Civil proceeding Not require to obtain court’s approval b4 w/draw Court has no jurisdiction to prevent lawyer from doing so Decision to withdraw –not reviewable by court Unless evidence for improper purpose contempt Crim – court can exercise discretion to refuse withdrawal Cunningham Decision to withdraw – professional responsibility If adequate time – n conditions met – OK 3.7-4 If not adequate time – cannot withdraw 3.7-5, Cunningham Reasonable notice to client Unless client cannot be located after reasonable efforts Governing Principle – Protect client’s int to best of lawyer’s ability Not desert client at critical stage of matter or put them in position of disadv/ peril General rule Enough time to retain n instruct replacement counsel Every effort should be made to ensure withdrawal occurs at appropriate time Not permitted To court time Prevent other counsel from reallocating time / resources for matter in question Power of court Cunningham Can even use contempt – but should only be use sparingly Purpose – to protect admin of justice and ensure fairness Not disciplinary Law society – reactive to discipline Approach Timing Far in advance – no adjournment needed withdraw – no need to enquire into reasons If timing is issue – enquire further Ethical reason – have to allow Inappropriate to require counsel to continue to act that would put them in violation of professional responsibilities Cannot say non-pmt is an ethical reason Financial reason – court has discretion - Consider whether its feasible for accused to rep themselves other means of obtaining rep impact on accused from delay – esp if in custody conduct of counsel - Reasonable notice? Impact on crown n any co-accused Impact on complainant, witness, jurors Fairness to defence counsel Expected length n complexity of proceeding History of proceedings Court’s approach Determine whether withdraw cause serious harm to administration of justice Accept counsel’s answer at face value Don’t enquire further to avoid trenching potential issues of privilege trial