Last Minute Withdrawal Defense.

While an attorney cannot simply walk away without cause, withdrawal is not governed by any universal deadline such as a 33-day or 80/20 rule. While Florida has 33-day deadlines relating to certain civil proceedings, these deadlines do not apply universally and certainly do not apply to criminal defense attorneys withdrawing from representation. Similarly, there is no universal 80/20 rule that governs the circumstances in which criminal defense lawyers may withdraw from representation.

What Governs a Federal Criminal Defense Lawyer’s Ability to Withdraw?

When a lawyer needs to withdraw from representing a client in a federal criminal case, there are four main factors that come into play:

1. Florida (or the other applicable state’s) laws;

2. The state’s professional conduct rules (enforced by the state supreme court or state bar);

3. The ethics rules of the United States Department of Justice (if applicable) and the Rules of Professional Conduct; and,

4. The rules of the court in which the attorney is practicing.

While the Florida Rules of Professional Conduct contain the following relevant language in Rule 4-1.16(d) concerning protection of a client’s interest upon termination of representation, a lawyer must, upon termination of representation:

“ ... take steps to the extent reasonably practicable to avoid reasonably foreseeable prejudice to the client, including (if applicable) :

(1) continuing representation adequately to allow the client time to seek other counsel;

(2) giving reasonable notice to the client;

(3) complying with applicable court rules; and

(4) assisting with orderly and reasonable termination of representation. A lawyer should also promptly refund any fee, expense, or cost not earned.”

What Do These Rules Mean in Practice for Federal Criminal Cases?

In practice, this means that a lawyer will need to provide ample notice of withdrawal, take all steps necessary to avoid any prejudice to the client’s case, and, in many cases, get approval from the court to withdraw.

Because a last-minute attorney withdrawal can potentially put a client’s case at risk, any deadlines or upcoming hearings can leave a criminal defendant with no time to adequately prepare for the next steps in their defense. This includes everything from:

• Your next hearing; to:
• Negotiating a plea deal; to:
• Meeting discovery deadlines; to:
• Preparing for trial.

You will need to keep a close eye on your case deadlines, and you will need to make sure you have time to find alternative legal representation if necessary.

How Does a Federal Court Decide Whether Defense Counsel May Withdraw?

Our pages do not address the standards and procedures for attorney withdrawal. However, our pages describe the following:

When Can a Criminal Defense Lawyer Represent a Client?

Our attorneys, including those at Spodek Law Group, represent clients in all stages of criminal investigations and prosecutions. This includes representation:

• Before arrests are made; and,
• Before formal charges are filed.

In many cases, early intervention by a criminal defense attorney can be a critical factor in avoiding criminal charges altogether.

What Are the Steps in a Federal Criminal Case?

In federal criminal cases, the procedural path from arrest to trial or dismissal involves several key steps. These steps generally include:

• Arrest and Detainment
• Grand Jury Indictment
• Arraignment or Plea Hearing
• Trial in Front of a Judge or Jury (if a plea agreement is not reached)
• Sentencing (if a guilty plea is entered or a guilty verdict is returned at trial)

Who Are the Key Parties in a Federal Court Trial?

There are three key parties who play active roles in federal criminal proceedings in court: the judge, the prosecutor, and the defense counsel.

The judge is the presiding officer. The judge makes ruling decisions throughout the criminal proceedings while ensuring that the trial or hearing is conducted in accordance with all relevant laws and procedures.

The prosecutor is a government lawyer who represents the interests of the United States. The prosecutor’s role is to present the government’s case to the judge or jury. Depending on the circumstances, the prosecutor can also discuss potential plea agreements with the defendant, and the prosecutor may also negotiate with defense counsel in an attempt to reach a settlement before the case goes to trial.

Defense counsel is the lawyer or lawyers who represent the defendant in a criminal trial. The defense attorney’s role is to protect the defendant’s rights, challenge the government’s allegations, and seek a dismissal, acquittal, or favorable plea deal on behalf of their client.

The first consultation is free and confidential, and it runs as long as your questions do.

Which Federal Case Deadlines Can Last-Minute Withdrawal Disrupt?

In a criminal case that will ultimately go to trial, that case can go on for a year or more. Criminal cases that resolve at the pleading stage can be shorter, but the timeline of a criminal case is very complicated. As we have discussed, in federal criminal defense cases, one of the main objectives is to get a judge or prosecutors to dismiss a case, which requires them to either recognize that the government lacks evidence to prove its charges or to otherwise find that it doesn’t make sense to pursue the case against the defendant. In many cases, this involves demonstrating that the defendant should not be charged or that there is another issue that precludes a criminal trial.

The Importance of Pre-Trial Motions

Motions to suppress evidence can sometimes allow for a dismissal as well, and they can keep criminal cases open for months or even longer. Both the filing of the motion and arguing the motion in court can take a considerable amount of time. Not to mention, if filing a motion to suppress evidence leads to a trial, that trial itself could go on for several days or longer. The defense attorney will often conduct a plea negotiation on behalf of his or her client as well, and the prosecutor will have a significant amount of discretion throughout the case in terms of what offers he or she is willing to extend to a defendant.

The Risks of Plea Negotiations

Plea negotiations can also be extremely time-consuming, and it can become one of the longest steps in a criminal case. It is common for the parties to engage in extensive discussions about the sentencing range and the charges involved, and it takes an experienced defense attorney’s negotiation and advocacy to ensure the case resolves favorably for their client.

Understanding Court Procedural Deadlines

All these steps have very specific rules governing them, and there are tight time limits and various requirements for how the steps should be carried out, all within the time limits of the court. Any disruption that comes from a last-minute attorney withdrawal can set a criminal case back by several months and may place the defendant at the mercy of the government and of the court. When you need a federal defense lawyer who understands the steps and challenges involved in securing the best possible outcome for you, reach out to the experienced criminal defense attorneys of Spodek Law Group

What Can Replacing Federal Defense Counsel Cost When Published Rates Are Unavailable?

The cost to engage new counsel to replace a criminal defense lawyer can be quite high. In fact, engaging federal defense counsel will usually cost far more than engaging counsel to defend against a state prosecution. As a result, when you need to engage new counsel on short notice after a last-minute withdrawal from a federal case, financial planning becomes extremely important.

While many firms state that they provide free and confidential initial consultations, they typically do not disclose the hourly rates and other fees that will apply if you engage them. For example, one Kansas City-based firm’s website states that “clients are required to make a required initial deposit to initiate representation,” but the page doesn’t provide a cost or explain how much of the initial deposit will be applied to future fees and costs. However, the page informs prospective clients: “The following are the most common forms of payment our office accepts. . . . Credit Card, We have the following credit card payment options through a third-party provider, including Visa, Mastercard, Discover, and American Express . . . . There is a 3.95% surcharge on all credit card payments.”

Another law firm that identifies as having federal experience is based in Jacksonville. While that firm’s website does not mention a required initial deposit or any other fees, it does advertise “the option of payment plans, with payment options for all types of criminal defense cases.” But again, no specific rates are identified for criminal defense fees.

These cases represent just a fraction of law firms that handle federal criminal cases. So, while it is important to call around and gather information about different law firms’ rates and payment policies, it will not be possible to form a comprehensive picture of what you should anticipate paying. Our pages do not identify any of the following:

• Standard hourly rates for criminal defense
• Usual costs associated with federal defense investigations
• Common costs for all types of federal criminal cases
• Estimated total costs for federal criminal cases

With this in mind, when facing potential costs associated with engaging new counsel on short notice, it is imperative that you make informed decisions based on the information that is available.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.