When a person is accused of a crime, one of the fundamental rights that a person has is to be represented by a defense attorney. However, many wonder if a defense attorney can decline a case. It is a relevant question for people seeking legal representation from an experienced Dallas criminal defense lawyer, as expertise and approach vary significantly. While the legal profession requires attorneys to provide a defense to individuals accused of a crime, there are circumstances wherein a defense attorney is in the position to decline a case.
Ethical Obligations of Defense Attorneys
Defense attorneys must stand up for the law and defend their clients vigorously. Still, it doesn’t imply they have to represent every client that comes to them. The American Bar Association, for example, has defined a few standards under which attorneys may decline a case. For instance, a criminal defense attorney may turn down a case if they feel they cannot adequately represent the client because of a conflict of interest, lack of resources, or personal inability to handle the case. Attorneys may also decline cases if they do not agree with the defendant’s goals or actions, as they are not required to represent individuals whose interests conflict with the lawyer’s professional judgment.
Reasons Why a Defense Attorney Might Turn Down a Case
A defense attorney will decline a case for many reasons, so knowing these helps set the right expectations for the subject seeking representation.
- Conflict of Interest Conflict of interest is one of the primary reasons that may cause a defense attorney to refuse a case. This happens when the attorney has previously represented another party to the case or where their involvement may compromise their capability to represent the new client. For instance, if a felony defense lawyer has previously represented a witness in the case, they cannot represent the accused for fear of bias or confidentiality breach.
- Lack of Experience or Expertise While defense attorneys are very professional, they may not be as conversant with a specific area or type of case. A criminal defense attorney can decline to accept a case when they are not experienced in that area of law. For instance, a drug offense attorney might not be trained or equipped to handle a complicated white-collar crime case. In such instances, the attorney can refer a case to a more experienced lawyer in the field so that the defendant receives the best possible defense.
- Ethical Considerations An attorney can refuse to represent cases that may conflict with their conscience or professional ethos. For example, if the defendant confesses to the commission of a crime and the lawyer feels that proceeding to represent such a client will go against the ethical obligation to act honestly and fairly, the attorney may wish to withdraw. A defense attorney does not have a duty to represent a guilty person or to defend a defendant who wants to commit perjury.
- Overload or Availability A defense attorney can refuse a case because of overload or because they believe their schedule is saturated and will not afford them sufficient time and attention. Attorneys should provide competent, dedicated legal services. In situations where the defense attorney’s consideration of taking another case will deny them sufficient opportunities to attend to existing cases properly, a case may be refused.
What Happens if a Defense Attorney Refuses a Case?
If an attorney refuses to take the case, the defendant has to seek other attorneys. Sometimes, the court appoints a public defender if the defendant cannot hire private counsel. Even though public defenders are well-trained and committed professionals, they tend to have larger caseloads than private attorneys. Therefore, it is in the best interest of defendants to act fast in seeking legal counsel so that they have sufficient time to prepare a defense.
While defense attorneys have a moral obligation to represent people who require legal counsel, there are situations where a skilled Dallas felony defense lawyer will decline a case. Simply because of potential conflict of interest, insufficient experience, ethical motives, or being too busy, the attorney must make choices that help their client and their professional standards. Understanding these factors will help those needing legal representation navigate the complexities of hiring the right defense attorney.
