With the recent Show Max documentary “Stella Murders” and the corresponding podcast on true crime South Africa being released in March, the horrifying events of the fateful evening in 2018 have been revisited and to some extent, re-investigated.  It must be terribly painful for the families of the girls to have to relive this. Despite this, the recent media coverage of this case has sparked newfound interest and has captivated many viewers/listeners.

The trial of the accused was everything but simple. Complicating factors included accusations by the accused that an investigating officer had manipulated him into giving a confession, which resulted in a trial within a trial. More factors included the resignation of the accused’s first attorney together with the COVID-19 pandemic.

The resignation of the accused’s first attorney caused a lot of speculation during the initial stages of the trial. In the podcast, the host mentions a never before heard piece of information. She states that the accused’s first attorney had resigned because his client had lied to him, causing the attorney to lie under oath in court when he presented his client’s version of event as fact.

This got me thinking about the rights of an attorney when representing a client. We often speak about the client’s rights, but, when is it acceptable for an attorney to remove themselves as attorney of record?

The attorney can terminate their mandate in the following instances;

1. She becomes aware of a conflict of interest;
2. She struggles to receive meaningful instructions from her client;
3. She becomes aware that the client is being untruthful;
4. There are no further funds available to pursue the matter;
5. The client is purposefully delaying the matter.

These are some of the reasons why an attorney may terminate a mandate, and it might be useful to you as client to know these grounds.