The question “Can lawyers choose not to defend someone?” comes up often, especially in emotionally charged cases. In South Africa, the short answer is yes, lawyers can refuse to take on a client or withdraw from a case — but only under lawful and ethical circumstances. While the Constitution gives every person the right to legal representation, it does not force a lawyer to accept every case that comes their way.
Lawyers in South Africa operate under the Legal Practice Act 28 of 2014 and are guided by the Legal Practice Council (LPC) Code of Conduct, which outlines when they may decline or withdraw from representing a client. These decisions are not made lightly because lawyers have a duty to the court, their client, and the public.
When Lawyers Can Legally Refuse a Case in South Africa
Every lawyer must balance two duties — the duty to serve the client and the duty to act honestly towards the court. A lawyer may refuse a case if continuing would violate their professional ethics or harm justice. Below are five lawful situations where South African lawyers can say no to representing someone.
1. When the Client Insists on Lying
If a lawyer discovers that a client wants to lie under oath or present false evidence, the Code of Conduct allows them to refuse the case or withdraw immediately. A lawyer’s first duty is to the court’s integrity, not to the client’s story. Representing someone who plans to commit perjury would make the lawyer part of the wrongdoing.
This happens frequently in family and civil disputes. For example, if a spouse in a divorce case asks a lawyer to hide financial records or mislead the court, the lawyer must ethically decline. For guidance on truthful representation in family matters, see how to apply for a divorce in South Africa.
2. When There Is a Conflict of Interest
Lawyers cannot represent two clients whose interests directly oppose one another. This is called a conflict of interest. For instance, if a lawyer has previously represented one party in a business deal or family dispute, they cannot later represent the opposing side in the same or a related matter.
The Legal Practice Council South Africa treats conflict of interest as a serious ethical breach that can lead to disciplinary action. In such cases, the lawyer must step aside to protect fairness and confidentiality.
3. When the Lawyer Believes the Case Is Frivolous or Abusive
South African lawyers have the right to decline cases that are frivolous, malicious, or aimed at abusing the legal system. If a potential client wants to use the courts to harass someone, waste time, or spread false accusations, a responsible lawyer will say no.
For example, a person wanting to reopen a settled estate without valid reason may be refused. If you are dealing with legitimate estate matters, you can read more on tracking deceased estates in South Africa.
This safeguard exists to prevent courts from being overloaded with baseless claims, ensuring that legal resources are used for genuine disputes.
4. When the Client Refuses to Pay or Follow Legal Advice
A lawyer–client relationship depends on trust, cooperation, and payment. If a client consistently ignores legal advice, withholds key documents, or refuses to pay agreed fees, the lawyer may withdraw.
The Legal Practice Council South Africa allows withdrawal after giving proper notice and ensuring the client is not left without reasonable time to find another lawyer.
For example, if a client in a child custody dispute refuses to follow lawful court orders or hides information, the lawyer has every right to terminate the mandate ethically. This keeps the lawyer from being associated with potential misconduct.
5. When Personal or Moral Grounds Make Representation Impossible
While South African lawyers are encouraged to represent all clients regardless of personal opinion, there are rare instances where moral or emotional reasons make it impossible to continue. For example, a lawyer who has lost a loved one to violent crime might find it too distressing to defend a murder accused.
In such cases, withdrawal is allowed as long as the lawyer does not prejudice the client’s right to a fair trial. The Legal Practice Act recognises the human element in legal work — lawyers are not machines; they are allowed to protect their mental and emotional well-being.
How Other Countries Handle the Same Question
South Africa’s rules are in line with international standards. Most democratic countries allow lawyers to refuse representation under ethical conditions, ensuring justice remains fair to both the lawyer and the client.
| Country | When Lawyers Can Refuse a Case | Governing Body |
|---|---|---|
| South Africa | Conflict of interest, dishonesty, non-payment, or abuse of process | Legal Practice Council |
| United Kingdom | Exceptions under the “cab-rank rule” for dishonesty or conflicts | Solicitors Regulation Authority |
| United States | Lawyers can refuse cases violating ethics or posing undue burden | American Bar Association |
| Australia | Refusal allowed for conflict, unethical conduct, or unreasonable demands | Legal Services Commissioner |
This shows that South Africa’s system balances both freedom of conscience and public duty, ensuring lawyers act without compromising justice.
What Happens After a Lawyer Withdraws
When a lawyer decides to withdraw from a case, the process must be handled carefully. They must:
- Give written notice to the client.
- Inform the court formally if the case is already in progress.
- Return all client documents and funds not yet used.
- Allow enough time for the client to find new representation.
If a withdrawal is done abruptly or without proper reason, the Legal Practice Council South Africa may take disciplinary action.
This ensures that even when a lawyer refuses or exits a case, the client’s rights remain protected under South African law.
Why These Rules Protect the Legal System
The ability for lawyers to refuse certain cases maintains ethical accountability in the profession. It prevents corruption, dishonesty, and emotional burnout among practitioners. It also ensures that clients are represented by lawyers who believe in their case and can serve them effectively.
These boundaries reinforce trust in South Africa’s justice system, reminding the public that fairness applies not only to the accused but also to the professionals who serve the law.
Reflective Closing
So, can lawyers choose not to defend someone? Yes — but only for the right reasons. South African law allows lawyers to refuse or withdraw from a case if representing the client would violate ethics, create conflict, or endanger fairness.
The Legal Practice Council South Africa ensures that every lawyer who says “no” does so to protect justice, not avoid responsibility. Whether it’s a criminal trial, a divorce dispute, or an estate matter, the principle remains the same: integrity first, representation second.