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A substitution of attorney is a legal document that may be created during a lawsuit if a party wishes to replace its attorney with another one. Both attorneys must sign the document (which is otherwise void ).
The lower courts erred in denying the petitioner's request for substitution of counsel, by not applying the "interests of justice" standards set forth in Martel v. Clair. The petitioner Mark Christeson was convicted by a jury in 1999 of three counts of capital murder and sentenced to death.
The right of substitution, where applicable, may be exercised by criminal and juvenile defendants and all parties in a civil action.Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.
This page was last edited on 13 September 2023, at 01:40 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
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Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining.