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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 ).
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Pro se legal representation (/ ˌ p r oʊ ˈ s iː / or / ˌ p r oʊ ˈ s eɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
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.
As a result of the court's decision in Marsden, criminal defendants in California courts can ask for Marsden hearings, where they are given an opportunity to ask for new court-appointed counsel. Such hearings are held in closed court; the district attorney and all spectators are asked to leave the courtroom.
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The client refuses to follow the advice of counsel, or engages in acts relating to the representation without informing the attorney or seeking the attorney's advice. The attorney is engaged with co-counsel of the client's choosing, and is unable to work with that co-counsel.