Solicitor does not want to represent me

Jim Jonews said:
Thats great, mob, thanks, but this is the Circuit Court. Does that make any difference?
Click to expand...

Maybe you should talk to a solicitor?

AAM should not be taken as a substitute for actual and pertinent legal advice and actively disclaims any responsibility for any alleged advice published on this board.
 
“Maybe you should talk to a solicitor?”
Anyone reading my op and subsequent posts would know why I do not want to engage another solicitor.

”AAM should not be taken as a substitute for actual and pertinent legal advice and actively disclaims any responsibility for any alleged advice published on this board”.
I am not looking for legal advice but for a verifiable source that indicates the rules and regulations for a solicitor coming off record in the Circuit Court. If and when I get it, I will be quoting the source and not AAM.

Mob directed me but to the rules for the High Court and what I need, if anyone can help, is a similar direction to the rules governing the Circuit Court.
 
I didn't realise you didn't want to hire a solicitor. Maybe you could go to a book shop and purchase a book on this issue. If you don't find it in your local Eason's you could try one of the specialist shops in Dublin. If I was you I'd be more concerned about the fact that your son could sue you in the future (not sure if this is actually true) if you don't take a case for him rather then worrying about your current solicitor coming off record. Why don't you let his mother take the case for your son and save you the hassle?
 
Thanks, Bronte, but every tiny little thing between herself and myself is just SO difficult (can't go into details here). I just want the currrent solicitor to finish off the job she started. If she stays on the case, my son won't have grounds to sue.
 
Thanks, Holly. Thats exactly what I'm looking for.
By the way, why do you actually sympathise with the solicitor? Is it because she had to give back the six grand that wasn't hers or is it because she was caught out by me?
 
Maybe I jumped the gun there, Holly.
Solicitors Amendment Act Section 74.—(1) A solicitor who has accepted instructions to appear in court for a client who is in custody may not withdraw from the client's case without obtaining permission from the court before which that client is next scheduled to appear.
Custody here seems to relate to a prisoner rather than a child.
 
Basically if a solicitor wants to come off record they issue a notice of motion together with grounding affidavit setting out the reasons why. Generally speaking if the solicitor can show that the relationship between client and solicitor has broken down the court will allow them come off record. Given that there is a minor child involved a court will adopt a tougher approach but will want a good reason as to why another solicitor cannot be instructed - to be honest the it's too akward line probably won't get you very far.

I don't think the embarrassment factor is such an issue. I've often been in court when these applications are on and it isn't really a factor.
 
hope4711 says that "if a solicitor wants to come off record they issue a notice of motion together with grounding affidavit setting out the reasons why".
I would like to write to the solicitor but need to refer to this. Where can I source it, Please?
 
I’m not a solicitor, and hopefully one of the solicitors who subscribe to this site will correct any mistakes but, if all you are trying to do is find some obscure law that you think will help you force your solicitor to keep representing you – there doesn’t seem to be one.

As earlier – a solicitor has the right to apply to the court to withdraw from any case at any time. To do this, they have to file a motion. As I understand it, a motion is a procedural request to the supervising judge. You will be served (I think) a copy of the motion and the affidavit and will probably (?) have a chance to respond after which the judge will decide whether or not the solicitor must continue to represent you.


Order 52 of the Rules of the Superior Court

MOTIONS AND OTHER APPLICATIONS

1. All interlocutory applications to the Court and all applications authorised by these Rules to be made to the Court shall be made by motion, save as otherwise provided by these Rules.

I feel sorry for your solicitor as you certainly come across as an awkward person to deal with. Believe it or not, professional people like solicitors, doctors, teachers, etc. have rights too, and that includes the right to say, no I don’t want to work with you and I am therefore going to employ the neccessary procedures to terminate our professional relationship.
 
Holly, Its funny that you'd feel sorry for my solicitor and make out that I'm awkward. She put her hand into my pocket and took out over 6 grand. Maybe I should have accepted this rather than being awkward?
 
Jim, I don't think holly has any problem with your solicitor returning or having to return the €6,000. Nor may I say, does her doing so indicate that she engaged in any deceit, there have been several reasonable answers to the question as to why she would choose to do so irrespective of her culpability.
To be honest that has nothing to do with your query or holly's response except that it probably was the cause of your needing to ask.

From what I can see your question is "How can I force this woman to continue representing my son" and the answer you are getting is consistently, "You can't reasonably force her". This doesn't appear to satisfy you, which indicates that you hope that there is some administrative trick that you can use instead. We know nothing about you except what you write in your posts and your dogged insistence that there must be something you can "quote" at your solicitor to your benefit and her detriment certainly for me (and I suspect for holly) meets the definition of "awkward".
 
"How can I force this woman to continue representing my son" Socrates says "You can't reasonably force her". This doesn't appear to satisfy you, which indicates that you hope that there is some administrative trick that you can use instead. We know nothing about you except what you write in your posts and your dogged insistence that there must be something you can "quote" at your solicitor to your benefit and her detriment.

Thats not really the case. I just want to know where I can reference the actual rules or regulations that govern these matters. All I want is to be able to write back to her and say you can come off record if you x, y & z. If she can come off record, she can come off record but no-one has yet to give me an answer to my op which said that the Circuit Court told me by phone that my solicitor has to submit a Notice of Motion and an affidavit but they are unable to tell me where these rules or regulations are so I cannot quote them.

This is not necessarily to the detriment of this solicitor if she has to follow the rules and regulations (if there actually are any). I'm not looking for an "administrative trick", just a verifiable reference to what the Circuit Court have told me
 
Why do you feel the need to specify the regulations to her in the first instance? If she wants to come off record, surely it is up to her to comply with the appropriate requirements, and for the courts to satisfy themselves of her compliance. It is hardly your role as a lay person to have to police this?
 
Dear Posters,
My solicitor represented me in an insurance claim following a road traffic accident.
The claim was settled with an agreed amount. The solicitor specifically told me that the amount agreed to was the amount that I would receive as all her costs were covered.
Subsequently, when I attended at her office to receive the cheque, she gave me a cheque from her own account which was more than Є6,000 less than the agreed amount. I later found out that this form of double-charging was common place amongst the soldiers who received compensation for the deafness caused during their military service.
I wrote to my solicitor looking for a refund and said that I would make a complaint to the Law Society. My letters were ignored for 7 months with the final one giving her 7 days notice. After the 7 days, I sent my complaint to the Law Society. Shortly afterwards, I received a reimbursement of the monies taken from me.
Since then, she has informed me that she no longer wants to represent my son, who has a claim pending from the same accident. He wasn’t involved in the accident but the claim is that he suffered “Nervous Shock”. I don’t think this claim will be successful but my solicitor has told me that if I do not proceed with this claim, my son may sue me when he turns 18.
My wife and I have separated since the accident and every tiny aspect of our lives is contentious, ruling out the possibility that we could jointly get another solicitor. I would prefer this solicitor to continue with the case. What I need to know is as follows:
What does a solicitor need to do to come off record? I would prefer a link or a reference rather than simply opinions as I want to write back to her outlining what she is obliged to do. We are all welcome to our own opinions but I need something definite to return to her.
Regards,
Jim
 
But surely you can communicate this to her without having to quote to her chapter & verse of the applicable regulations that she must follow if she wants to come off record?
 
You must log in or register to reply here.
Back
Top