Beyond an express waiver, a defendant can also lose the right to a lawyer through forfeiture in certain circumstances. Forfeiture of counsel is a doctrine that applies when a defendant’s own serious misconduct effectively forfeits the right to an attorney. Unlike a waiver, which is a voluntary relinquishment of a known right, forfeiture does not require an informed choice by the defendant – it is a consequence of behavior that is incompatible with the continued services of counsel.

North Carolina appellate courts have made clear that forfeiture is reserved for severe situations and is not to be invoked lightly, given the fundamental nature of the right at stake. The North Carolina Supreme Court has emphasized that forfeiture of counsel should be found only in rare circumstances where the defendant’s actions (serious misconduct) frustrate the purpose of the right to counsel and prevent the trial from moving forward.

In other words, only when a defendant’s conduct is so egregious that it entirely undermines the fair and orderly administration of justice will a court deem the right to counsel forfeited. Examples might include assaulting one’s attorney or brazen obstruction of the proceedings.