Solicitor does not want to represent me

Yea, I can write to her and tell her whatever I want. No need for chapter and verse. Just a simple line, ie "For a solicitor to come off record they must x,y and z". No big deal but no-one can tell me if these regulations exist or not.
 
Sorry, I can't fathom why you need to specify "For a solicitor to come off record they must x,y and z".

I'm beginning to think this entire thread is a troll.
 
I don't need "chapter and verse". Just the regulations that govern solicitors coming of record in the Circuit Court, if they actually exist. I just want to write
Dear Solicitor,
You cannot come off record as I do not consent to your doing so. If you want, you can apply to the Circuit Court in accordance with Section X,(Y-Z) 1959.
Regards,
Jim
 
Dear Solicitor,
You cannot come off record as I do not consent to your doing so. If you want, you can apply to the Circuit Court in accordance with applicable regulations
Regards,
Jim
 
Not a troll, just asking a question that no-one seems to have an answer to. I was referred to the rules of the High Court (but this is Circuit) and I was referred to the Solicitors Amendment act covering solicitors coming off record for prisoners (but not for children).
Ubiquitous, if you don't have the answer then don't bother posting, please.
 
ubiquitous said:
Dear Solicitor,
You cannot come off record as I do not consent to your doing so. If you want, you can apply to the Circuit Court in accordance with applicable regulations
Regards,
Jim
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Jim

I think that is your cue to say " Thanks Ubiquitous - splendid suggestion - Oh and thanks to all the other posters who tried to help"

:D
 
I don't know the name of the 3rd man on the moon but if someone asked me I wouldn't tell them it dosen't matter, I'd tell them I didn't know. I've asked a question and a few posters seem to have taken offence. Its almost 6 on a friday evening and if no-one can give me an answer, just let it go.
 
I think, ubiquitous, it is exactly as I said; he doesn't want the solicitor to come off the record so he is looking for a way to make it as much hassle for her as possible. The only reason to be so pedantic about the minutae of the regulation as opposed to your suggested format is in the hope that there is something in it for him.

Jim on a technicality you are asking to be supplied with "chapter and verse" or rather "section and paragraph" if you prefer to be specific. I think everyone is baffled by why.
 
Socrates,
if you don't know the answer, why don't you just leave it?
Believe me, if I try to organise a new solicitor with my ex-wife, it will be ten times more hassle for me and just not worth it.
If you don't know then just let it go.
 
Good luck Jim, I think you are on a hiding to nothing as they say but good luck anyway.
 
Jim Jonews said:
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.
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This seems quite ludicrous. Presumably, the solicitor wants to get out because she too believes the claim will be unsuccessful.

You are opting to take a claim that you don't think you will win, to cover the possibility of a potential future claim by your son?
 
Complainer says “Presumably, the solicitor wants to get out because she too believes the claim will be unsuccessful”.
This claim was the solicitors idea so, no, she doesn’t believe it will be unsuccessful. The solicitor wants out because I have made a complaint about her taking money of me.
“You are opting to take a claim that you don't think you will win, to cover the possibility of a potential future claim by your son?” That’s the advice that this particular solicitor gave.
 
Jim Jonews,

The Rules of the Circuit Courts are accessible on the Courts website. Please read Order 67 in particular Rule 10 and Rule 16 of that Order.

Rule 16 states that if a procedure is not covered under the Circuit Court Rules then the Rules of the Superior Courts apply.

All the information you seek is readily available online.
 
Order 67 rule 10. A party suing or defending by a Solicitor shall be at liberty to change his Solicitor, or to discharge his Solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a Solicitor without an order for the purpose. Notice of such change, discharge or appointment shall be filed in the Office, and served on the opposite party, or his Solicitor (if any), and on the Solicitor discharged.

This indicates that a client may change a solicitor or sue in person but it does not cover the circumstances outlined in my op.

I want to know, as asked in my OP, Can she come off record or is she obliged to continue her representation?

I don’t want any “opinions” on this and don’t believe my reasons are actually necessary. I just want to know if a solicitor can, legally, stop representing a client against the clients wishes and if so, where are the regulations governing her withdrawal from this case?
 
MOB said:
I am very sorry indeed for the delay in dealing with the original request. I confirm that the relevant rules and regulations depend upon the court. For example, in the High Court this is governed by Order 7 of the Rules of the Superior Courts which states in the relevant part:

"3. (1) Where a solicitor who has acted for a party in any proceedings has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has ceased to act for the party, and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of rule 2, any other party to the proceedings or (where the solicitor has ceased to act) the solicitor may, on notice to be served on the first-mentioned party, personally, or by letter addressed to his last-known place of residence, unless the Court otherwise directs, apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceedings, and the Court may make an order accordingly."
Click to expand...

As MOB's post from the Rules of the Superior Courts states above (the parts highlighted in bold) once your solicitor has informed you that she no longer wishes to act for you she can inform the court by Notice Of Motion and Affidavit that she is no longer acting for you.

There is a Supreme Court case on this matter Sean O'Fearail v. Colm McManus [1994] 2 ILRM 81 in which the Supreme Court held that:

"The relevant rule obviously gives the courts a wide discretion. It is contained in O. 7, r. 3 of the Rules of the Superior Courts 1986 and it gives a solicitor on record the entitlement to apply to the court for an order declaring that the solicitor has ceased to be the solicitor acting for the relevant party to the proceedings and the court may order accordingly.

...I think in those circumstances it would be a forced form of liaison to say to Mr O'Brien that he should continue to act for this defendant".

The Supreme Court has decided that you cannot force a solicitor to act for you once they have informed you that they will not act for you.
 
"I don’t want any “opinions” on this and don’t believe my reasons are actually necessary. I just want to know if a solicitor can, legally, stop representing a client against the clients wishes and if so, where are the regulations governing her withdrawal from this case?"

You do know that this is a discussion board? Its not a professional service where you pay up and make demands. And that making demands about what you want or do not want is unlikely to get you anywhere?

But for what it is worth. She can stop representing you. If you don't agree to that ( and God knows why on earth you think this person should continue to act for you/your son! given everything you have said so far - which may very well be trolling) you cannot compel her to act for you/your son. You should get another solicitor (although at this stage given that all the solicitors you've used so far have been so difficult I suspect no-one would touch you with a bargepole). If you want to make as much trouble for this solicitor as you possibly can , you should advise her that you know your rights, that you've been advised by the experts on Askaboutmoney and that you know she cannot stop representing your son , if you don't agree to it, and that it would be negligence on her part if she simply stopped and allowed the file to gather dust and that you insist that she represent your son and that if she won't, that you insist that she should make a formal application to the Court requesting the Court's permission to cease to act. Notice of this should be served on you and you can then attend Court and explain to the Court all the reasons why , notwithstanding that this solicitor stole from you that you want her to represent your son.

I have no doubt but that the Court will have the height of sympathy for the solicitor and allow her to stop representing your son.

But why don't you run the case yourself then?


mf
 
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