What grounds allow a defense counsel to withdraw from a criminal matter?

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A defense counsel may withdraw from a criminal matter for various reasons, and non-payment of fees is one of the most recognized grounds for withdrawal. If a defendant fails to pay their attorney for services rendered, the attorney may be justified in withdrawing, especially if the issue of non-payment arises sufficiently in advance of trial. This allows the attorney to fulfill their ethical obligations without compromising their ability to adequately represent other clients or maintain their practice.

In situations where funds are lacking, the attorney must typically demonstrate that they have given the defendant adequate notice and an opportunity to rectify the situation before taking further steps to withdraw. This ensures ethical standards are adhered to and that the defendant is not prejudiced by the withdrawal.

Other reasons, such as disagreement with the accused or a change in legal strategy, may also warrant withdrawal but are often less clear-cut and subject to judicial approval or may require demonstrating that continuing representation would violate professional conduct rules. Personal belief in the accused's guilt could pose ethical dilemmas; however, it does not universally justify withdrawal under ethical guidelines unless it affects the attorney's ability to represent the accused competently.

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