Blair Criminal Defense Lawyers | November 12, 2025 | Criminal Defense
For a defendant in a criminal case, the first step is often finding the right defense attorney. However, what happens if the lawyer refuses to take the case? It may feel personal, but attorneys have legitimate reasons for declining representation in many circumstances.
Under California law, private defense lawyers can choose which cases to accept, as long as they follow the state’s Rules of Professional Conduct. These ethical standards guide attorneys in handling potential conflicts, managing workloads, and maintaining client relationships.
Learning about why a lawyer at Blair Defense might turn down a case can help you know what to expect and how to move forward.
When a Lawyer May Decline Representation
A defense attorney in California is not required to take every client who asks for help. In fact, there are many valid reasons they might decline a case from the start.
The most common reasons to decline representation include:
- Conflicts of interest: A lawyer cannot represent two clients whose interests oppose each other. For example, if the attorney previously represented a witness or co-defendant in your case, that could create an ethical conflict.
- Lack of expertise: Criminal defense is a broad field. An attorney who primarily handles DUI cases may not feel comfortable taking a complex homicide case.
- Excessive workload: Some lawyers may already have too many active cases. Taking on another could harm the quality of their work and violate professional standards.
- Unrealistic expectations: If a potential client refuses to accept legal advice or insists on dishonest tactics, for instance, an attorney can choose not to proceed.
- Nonpayment and fee disputes: For private defense lawyers, payment is a factor. If the client cannot afford legal fees or refuses to agree on payment terms, the attorney may decline representation.
Declining a case doesn’t mean the person is guilty or undeserving of help. It simply means that the attorney is not the right fit for that particular case.
Public Defenders vs. Private Attorneys
If someone cannot afford a private defense lawyer, the court will usually appoint a public defender. Public defenders are licensed attorneys employed by the county or state who represent defendants at no cost.
Unlike private attorneys, public defenders cannot decline a case based on personal preference. However, the court can reassign if there’s a conflict of interest or if the office is unable to provide adequate representation.
At the end of the day, both private and public defense lawyers must follow California’s ethical rules to ensure clients receive fair treatment and effective representation.
Can a Lawyer Withdraw From a Case After Accepting It?
A defense attorney can sometimes withdraw later after accepting a case, but not just for any reason.
Under California Rule of Professional Conduct 1.16, withdrawal is allowed in certain circumstances, such as:
- The client refuses to cooperate and follow legal advice
- Continuing representation would violate the law and/or ethical duties
- The client fails to pay the agreed-upon fees
- The attorney has a personal or professional conflict that prevents effective advocacy
In most cases, a lawyer must obtain permission from the court before withdrawing, especially once trial proceedings have begun. Judges are cautious about allowing withdrawal if it could delay the case or harm the defendant’s rights.
Contact a San Diego Criminal Defense Lawyer from Blair Defense Criminal Lawyers for Help Today
If you’re facing charges and a lawyer has declined to take your case, don’t give up. You still have legal options. Blair Defense Criminal Lawyers can help you understand what those options are. Our attorneys are well-equipped to defend you against any criminal charges and hold the prosecution to its burden of proof.
For more information, don’t hesitate to contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
24/7
