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Cutting A Client Loose?

  • TammyJ
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18 Aug 19 #509150 by TammyJ
Topic started by TammyJ
A simple question: Under what circumstances will a solicitor cut their client loose? That is, simply refuse to continue to advise/represent them?

  • hadenoughnow
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19 Aug 19 #509152 by hadenoughnow
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I expect there are some rules set out in a code of conduct somewhere but in my experience it is usually because bills,are unpaid or the client wishes to do something against the advice of the solicitor.


Hadenoughnow

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19 Aug 19 #509155 by TammyJ
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Many thanks.

Unpaid bills, I understand.
Am a little puzzled over the issue of going against the advice of the solicitor, though. Is this because the solicitor doesn't want to be associated with the client's proposed actions, perhaps for fear of damage to their reputation? Or some other reason?

Oh, and any idea what happens to client's files, correspondence etc when a solicitor cuts them loose? Does the solicitor hold onto them (e.g. until all bills are paid)? Will they be transferred to the new solicitor chosen by the client? Could this delay court proceedings when the solicitor has stopped representing the client in the run-up to legal proceedings?

Thanks in advance (this has happened to my STBX--his solicitor told him where to go when he received the petition for Ancillary Relief).

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19 Aug 19 #509160 by hadenoughnow
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It is to do with insurance I think. They don't want to get sued. Also breakdown of trust makes it impossible to work together. Files are released on payment of the full bill. They can be sent directly to a new solicitor or given to the ex client.
It can indeed slow things up.
Not sure what you mean by the petition for ancillary relief?

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19 Aug 19 #509163 by TammyJ
Reply from TammyJ
hadenoughnow wrote:

It is to do with insurance I think. They don't want to get sued. Also breakdown of trust makes it impossible to work together. Files are released on payment of the full bill. They can be sent directly to a new solicitor or given to the ex client.
It can indeed slow things up.


Many thanks. Strongly suspect it was breakdown of trust in this case--STBX was "less than fully honest" in his representations to solicitor. And it was something of a relief to find out this happened--it seemed to me to show that some solicitor's have integrity and won't simply hang on in there for the money. Though, fear of consequences may have been the main factor too ...

Not sure what you mean by the petition for ancillary relief?


Law and legal processes in NI are different to E&W--the only way to force full disclosure and put statements under penalty of perjury is to apply to the court to directly regulate and oversee procedures between clients and their solicitors. It was this petition (my affidavit for financial courts) that seemed to get STBX's solicitor to realise that his client was not trustworthy and thus not worth the solicitor's taking a risk on representing him in the financial courts. I could be wrong of course (hence the original question) but this is what is looks like--even if the solicitor has refused to respond to my request to confirm that he is still acting for my STBX.

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