SEARCH SITE

Search FAQs

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2017 SESSION

  • | print version

HB 1411 Privately retained counsel; rules and regulations, client's failure to pay.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Withdrawal of privately retained counsel. Allows a privately retained counsel in a criminal case to withdraw from representation without leave of court after certification of a charge by a district court by providing written notice within 10 days of the certification to the client, the attorney for the Commonwealth, and the circuit court, provided such withdrawal occurs pursuant to the terms of a written agreement between the attorney and the client. The bill also directs the Judicial Council to review the current process for withdrawal of privately retained counsel in civil cases and submit a report by November 1, 2017, to the Chairmen of the House and Senate Committees for Courts of Justice.

SUMMARY AS PASSED HOUSE:

Withdrawal of privately retained counsel. Allows a privately retained counsel in a criminal case to withdraw from representation without leave of court after certification of a charge by a district court by providing written notice within 10 days of the certification to the client, the attorney for the Commonwealth, and the circuit court. The bill also directs the Judicial Council to review the current process for withdrawal of privately retained counsel in civil cases and submit a report by November 1, 2017, to the Chairmen of the House and Senate Committees for Courts of Justice.

SUMMARY AS INTRODUCED:

Rules and regulations; withdrawal of privately retained counsel; client's failure to pay agreed upon fees or court costs. Prohibits making or construing any rule or regulation so as to preclude the withdrawal, as a matter of right, of privately retained counsel due to a client's nonpayment of agreed-upon fees or court costs, provided that (i) a written agreement concerning such fees and court costs exists between such counsel and client specifying that counsel may move to withdraw should the client fail to abide by the terms of the agreement and (ii) any motion to withdraw is filed by counsel at least 45 days prior to trial.