In a child protection proceeding seeking extended society care, counsel for the respondent father moved to be removed seventeen days before the scheduled trial, relying on an asserted breakdown in the solicitor-client relationship.
The court held that, although counsel withdrawal may be permitted where ethical concerns make continued representation impossible, the court must balance prejudice to counsel against the potential harm to the child and the administration of justice.
Because removal would likely cause trial adjournment, worsen litigation inequities faced by the parent, and further delay permanency for a child already in care beyond legislative timelines, the motion was dismissed.
The court also found the evidence did not establish an ethical impediment preventing counsel from acting and ordered counsel's affidavit sealed.
