If a reduction in public funding for legal service materially impairs a legal service agency attorney’s ability to represent an indigent client, the court, on its own motion or on the motion of either the client or attorney, shall permit the withdrawal of such attorney upon a showing that all of the following apply:
§ 285.2.Withdrawal from representation by legal service attorney based on lack of agency funding
Title 5. Persons Specially Invested With Ministerial Powers Relating to Courts of Justice · Chapter 1. Attorneys and Counselors at Law · Enacted 1983 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 285.2 requires a court to permit a legal service agency attorney to withdraw when a funding shortage impairs the ability to represent an indigent client, upon a showing that adequate alternate representation and reasonable prejudice-reduction steps were pursued.
Full Text of § 285.2
(a) There are not adequate public funds to continue the effective representation of the indigent client.
(b) A good faith effort was made to find alternate representation for such client.
(c) All reasonable steps to reduce the legal prejudice to the client have been taken. A showing of indigency of the client, in and of itself, will not be deemed sufficient cause to deny the application for withdrawal.
Plain-English Summary
Legal aid offices run on funding that can shrink without warning, and § 285.2 addresses what happens to a pending case when that funding disappears mid-representation. If a reduction in public funding materially impairs a legal service agency attorney’s ability to represent an indigent client, the court must permit that attorney to withdraw — this is not discretionary once the showing is made.
The attorney (or the client) has to show three things: that public funds are not adequate to continue effective representation, that a good-faith effort was made to find alternate counsel for the client, and that reasonable steps were taken to reduce the legal prejudice the withdrawal would cause. Indigency alone is not enough to defeat the withdrawal — a court cannot deny the motion just because the client cannot afford another lawyer.
Frequently Asked Questions
Can a legal aid attorney withdraw from a case if funding runs out?
Yes. § 285.2 requires the court to permit withdrawal when a public-funding shortfall materially impairs the attorney’s ability to represent an indigent client, on the required three-part showing.
Can a court deny withdrawal just because the client cannot afford another lawyer?
No. § 285.2 says a client’s indigency alone is not sufficient cause to deny the withdrawal application.
What has to be shown before a legal service agency attorney can withdraw for lack of funding?
§ 285.2 requires showing inadequate public funds, a good-faith effort to find alternate representation, and reasonable steps to reduce prejudice to the client.
Amendment History
Added Stats 1983 ch 279 § 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 285.2 legal aid attorney withdrawallegal service attorney withdraws for lack of funding californialegal aid funding shortage withdrawal