Defense law violation. Right to change lawyer

Commentary on the Tribunal Supremo of 5 march 2012

Abstract

In the right of defense and to the legal aid service, there is included the right to change lawyer, substituting that of trade for other one of free designation. Attending to arranged in the articles 745 and 746 of the LECrim., an interpretation of the above mentioned rules in conformity with the Constitution allows to receive the above mentioned reason of suspension of the judgment, when the Court estimates that, somehow, the refusal of the suspension to change lawyer could originate defenselessness or harm materially the right of defense of the defendant. The Court must tell at least with a minimal reasonable base that it should explain the motives for which the defendant has delayed his decision to change lawyer until the same beginning of the meetings of the oral judgment, being able to have done it previously. It has managed to impose the exigency of which the defendant formulates in opportune time well the resignation to the attorney designated of trade, well the complaint for the material defenselessness that originates his professional action. To this weighted judgment it has to follow the suitable weighting of the circumstances relative to the break of the confidence relation between lawyer and defended, and must be reflected in the motivation of the jurisdictional decision that relapses in the matter. The fundamental discrepancies can be not revelables without revealing the secret of the communications between attorney and client.