Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Legally, the judge has discretion to continue the case for good cause. The death of an attorney is good cause and if this is a criminal
case he is entitled to an attorney and the refusal to give him time to get an attorney would be considered reversible error if they force him to go to trial without one because it is a violation of his constitutional rights.
He needs to file a written motion for continuance based on death of his attorney, to put his request on the record in court, and in the motion he needs to state he has a 6th Amendment right to counsel and the fact that his counsel has died within a few weeks of trial is good cause to grant a continuance for him to obtain new counsel pursuant to his Constitutional rights. If the court refuses, then he has grounds for appeal. However, in the meantime before trial he must make a diligent search to get a new attorney and if he does and that attorney files for a continuance to get caught up to speed on the case, the judge is more likely to grant that continuance quickly coming from the attorney.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.