Contrary to defendant's contention, the court did not improvidently exercise its discretion in denying trial counsel's motion to withdraw as defendant's attorney. In support of the motion to withdraw, defendant's attorney stated that defendant had not been returning his telephone calls and had refused to accept several plea offers, and he stated that defendant's family had "exhausted" their financial resources and could no longer afford to pay him. Defendant stated in response that he wanted his attorney to continue to represent him and that he "somehow" would find the money to pay him. The failure to return telephone calls does not warrant withdrawal from representation because that failure does not by itself "render[] it unreasonably difficult for the lawyer to carry out employment effectively" (Code of Professional Responsibility DR 2-110 [c] [1] [iv] [22 NYCRR 1200.15 (c) (1) (iv)]), and it is beyond dispute that an attorney is not entitled to withdraw as counsel based on the decision of a defendant to exercise his or her right to trial. Finally, the alleged inability to pay for trial counsel's services does not entitle trial counsel to withdraw as defendant's attorney, particularly in view of the statement of defendant that he would somehow find more money in order to pay his attorney. On the record before us, we conclude that the court properly "balance[d] the need for the expeditious and orderly administration of justice against the legitimate concerns of counsel" (People v Xadi Fen, 192 Misc 2d 788, 790; see generally DR 2-110 [c] [22 NYCRR 1200.15 (c)]).
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Thứ Tư, 24 tháng 9, 2008
Retained Counsel Cannot Withdraw Simply Because of Non-Payment
People v Woodring 2008 NY Slip Op 01234 [2/8/08]
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Please see the article below for the improper political intervention of the Velella family with Family Court Judge David Klein: case of T...
-
Юридический ликбез: в каких случаях имеет смысл создавать Отзывные Трасты Будучи адвокатом , специализирующимся на вопросах создания Трастов...
-
NYS Senator Malcom Smith and City Councilman Dan Halloran Are Arrested For Bribing GOP County ChairsHere we go again....teflon Smith. The only way to stop this is to stop them. FBI Arrests State Sen. Malcolm Smith, Councilman Dan Halloran F...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
What Cuomo's probe found Then-attorney general's investigation shows pattern of "political interference" By Brendan J. Lyo...
-
They Finally Tested The 'Prisoner's Dilemma' On Actual Prisoners — And The Results Were Not What You Would Expect LINK The “pri...
-
The growth in personal wealth fueled by the overall growth in business in economy, especially mushrooming of affluent businesses governed ...
-
Put aside for a moment the fact that law schools are popping up on every corner; that starving solos, in order to feed their families, are f...
-
January 26th was one day of the week long annual meeting of the New York State Bar Association in New York City. More importantly the NYSBA ...
-
Earlier this month a grand jury charged Laura Phillips, the former treasurer of the Alabama Museum Association, with felony theft. The indic...
Không có nhận xét nào:
Đăng nhận xét