When you’re in the middle of a legal battle—especially a trial—the last thing you want to worry about is whether your lawyer will suddenly back out. It might sound surprising, but yes, a lawyer can quit during a trial in some situations.
But don’t panic just yet—there are rules, safeguards, and ethical guidelines that control when and how that can happen.
Let’s break it down.
The short answer is yes, but only under certain circumstances—and with the court’s permission.
Lawyers can’t just walk out and leave you hanging. They have professional responsibilities to you and to the court. So if they want to withdraw during an ongoing trial, they must request permission from the judge. If the judge agrees, then they may be allowed to step away.
Non-Payment of Legal Fees
If a client stops paying or refuses to pay as agreed, the attorney may file a motion to withdraw. That said, courts are less likely to allow this during a trial unless the non-payment is extreme or affects the lawyer’s ability to continue.
Conflict of Interest
If the lawyer discovers a legal or ethical conflict—like representing opposing parties or learning damaging information—they may be obligated to step aside.
Client Misconduct
If a client lies, hides evidence, commits fraud, or demands unethical actions, the lawyer might withdraw to avoid breaking legal or ethical rules.
Breakdown in Communication
If the attorney-client relationship breaks down beyond repair (e.g., constant disagreements, refusal to cooperate), it may no longer be possible to provide proper legal representation.
Health or Personal Issues
Lawyers are human, too. If a personal emergency or health issue prevents them from continuing, they may ask to withdraw.
Yes. During a trial, the court’s top priority is protecting the legal rights of all parties—especially the defendant or plaintiff depending on the case.
The judge will consider:
Whether the withdrawal would unfairly delay the trial
If it would harm the client’s case
Whether the client has time to hire a new lawyer
The reason for withdrawal (e.g., conflict, health, etc.)
If the judge thinks the lawyer leaving would jeopardize your right to a fair trial, they may deny the request.
If the lawyer is permitted to withdraw:
You’ll need to hire a new attorney—fast.
The court may give you a short extension (but not always).
If you can’t afford a new lawyer and your case is criminal, the court may appoint a public defender.
In civil cases (like personal injury, divorce, or business disputes), you’ll usually be responsible for finding and paying for a new lawyer yourself.
Not ethically, and not during a trial.
The American Bar Association’s (ABA) Model Rules of Professional Conduct require lawyers to avoid abandoning their clients, especially when the client would suffer serious harm.
Sudden withdrawal—especially without notice—is considered unethical and could lead to disciplinary action against the attorney.
If your lawyer informs you they’re considering withdrawal:
Stay Calm – Ask them why and listen carefully.
Negotiate – If it’s about money or communication, see if you can fix the issue.
Ask for Help – If they’ve already filed a motion, speak to the judge during the hearing or ask for time to find a new attorney.
Protect Yourself – Get everything in writing and start looking for a new attorney immediately.
Whether you’re worried about your current lawyer quitting or you’re in need of reliable legal representation, it’s important to work with someone who will stand by your side all the way through trial.
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A lawyer can quit during a trial—but only with good reason and the court’s approval. If you find yourself in this situation, don’t panic. Courts understand the importance of fairness and will usually give you the opportunity to find a new attorney.
Your case matters. So does your representation. Make sure you have someone in your corner who’s ready to go the distance with you.