In any criminal case pending in a superior court, promptly upon agreeing to represent any client, the new attorney shall notify the appropriate calendar clerk in writing and the district attorney. Uniform Superior Court Rule 4.6. No attorney shall appear before a superior court until the attorney has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in the case. An entry of appearance and all pleadings shall state:
(1) the style and number of the case; (2) the identity of the party for whom the appearance is made; and (3) the name, assigned state bar number, and current office address and telephone number of the attorney. Uniform Superior Court Rule 4.2.
Upon arraignment the attorney who announces for, or on behalf of a defendant, or who is entered as counsel of record shall represent the defendant in that case throughout the trial, unless other counsel and the defendant notify the judge prior to trial that such other counsel represents the defendant and is ready to proceed, or counsel is otherwise relieved by the judge. Uniform Superior Court Rule 30.2.
An attorney may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client. Withdrawal is also permitted if the attorney's services were misused in the past even if that would materially prejudice the client. Withdrawal is justified if the client persists in a course of action that the attorney reasonably believes is criminal or fraudulent. The attorney may also withdraw where the client insists on a repugnant or imprudent objective. State Bar Rule 1.16. An attorney may also withdraw if the client refuses to abide by the terms of their agreement for representation concerning fees or court costs or an agreement limiting the purpose of the representation.
An attorney seeking to withdraw from a case must do so by following the applicable laws and rules. This usually means filing a motion to withdraw as counsel of record. The decision whether to grant a motion to withdraw from representation falls within the sound discretion of the judge. Difficulty may be encountered if withdrawal is based on the client's demand that the attorney engages in unprofessional conduct. The judge may wish an explanation for the withdrawal, while the attorney may be required to keep confidential the facts that would constitute such an explanation. The attorney's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient. An attorney's request to withdraw will be granted unless in the judge's discretion to do so would delay the trial of the case or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. Uniform Superior Court Rule 4.3; Calmes v. State, 312 Ga. App. 769 (2012). When ordered to do so by a judge, a lawyer must continue representation notwithstanding good cause for terminating the representation. State Bar 35Rule 1.16. Until an order permitting withdrawal is entered the attorney remains counsel of record. Tolbert v. Toole, 296 Ga. 357 (2014).
A client has a right to fire a private lawyer at any time. However, an indigent defendant is not entitled to have his appointed attorney discharged unless the defendant can demonstrate "justifiable dissatisfaction with counsel, such as conflict of interest, an irreconcilable conflict, or a complete breakdown in communication between counsel and client." Cain v. State, 310 Ga. App. 442 (2011); Holsey v. State, 291 Ga. App. 216 (2008); Bryant v. State, 268 Ga. 616 (1997). A defendant is not entitled to a meaningful or cordial relationship with his court appointed lawyer. Phipps v. State, 200 Ga. App. 18 (1991); Morris v. Slappy, 461 U.S. 1 (1982); Wood v. State, 304 Ga. App. 52 (2010); Taylor v. State, 298 Ga. App. 145 (2009). If the defendant fails to show justifiable dissatisfaction, the judge may require the defendant to choose between his current attorney and proceeding pro se (representing himself). Rouse v. State, 275 Ga. 605 (2002); Billings v. State, 308 Ga. App. 248 (2011); Tucker v. State, 264 Ga. App. 872 (2003). Even if a defendant files a lawsuit against his court appointed attorney, the judge is not required to take the attorney off the case. Robinson v. State, 312 Ga. App. 736 (2012).
Attorneys sometimes have scheduling conflicts that call for them to be in two courtrooms at the same time. There are certain rules that determine which case the attorney must handle first. When an attorney is scheduled to appear in two or more courts (trial or appellate; state or federal), the attorney shall give prompt written notice of the conflict to opposing counsel, to the clerk of each court, and to the judge before whom each case is set for hearing. The written notice shall contain the attorney's proposed resolution of the appearance conflicts in accordance with the priorities established by the rules. Attorneys confronted by such conflicts are expected to give written notice such that it will be received at least seven days prior to the date of conflict. Scheduling conflicts shall be resolved with the following order of priorities: (1) Criminal (felony) cases shall come before civil actions. Criminal actions in which a demand for speedy trial has been timely filed pursuant to O.C.G.A. § 17-7-170 or § 17-7-171 shall automatically take precedence over all other cases unless otherwise directed by the judge in which the speedy trial demand is pending; (2) Jury trials shall prevail over non-jury matters; (3) Within the category of non-jury matters, the following will have priority: (a) parental terminations, (b) trials, (c) all other nonjury matters including appellate arguments, hearings and conferences; (4) Within each of the above categories the case which was first filed shall take priority. Uniform Superior Court Rule 17.1.