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Procedures for Dealing with a Request for a Change of Solicitor
A Solicitor requests a Change of Solicitor
If a private practitioner no longer wishes to act for a client he / she is required to obtain approval from the Board in accordance with the following principles and procedures before they return a file to the Private Practitioner Centre:-
> each request is dealt with on its own merits, and in writing;
> once established that the request is a reasonable one, the Board will authorise and make provisions for a change of solicitor;
> there should be a minimum of inconvenience to the client;
> regard should be had, in the appropriate circumstances, to the Board’s circular on revocation / termination of legal aid and in particular to the guidelines therein on unreasonable behaviour by a client; and
> the Board will determine what fees will be payable to the solicitor having regard to the terms and conditions of the relevant Scheme and the work done by the solicitor.
A Client requests a Change of Solicitor
Section 31(4) of the Civil Legal Aid Act 1995 provides that:-
“ Where a person to whom the Board has decided to grant legal aid or advice has:-
(a) accepted the nomination of a solicitor or selected a solicitor from the solicitors’ panel pursuant to subsection (1) or been granted the services of a solicitor pursuant to an application under subsection (3), or……….. the person may apply to the Board to have the services of that solicitor or barrister dispensed with and the services of another solicitor of the Board or solicitor from the solicitors’ panel or, as may be appropriate, barrister from the barristers’ panel obtained in the matter and where the Board considers it reasonable in all the circumstances, it may consent to the application.”
If a client wishes a change of solicitor on grounds of difficulties or a breakdown in the solicitor / client relationship, a conflict of interest and/or other reasonable grounds, the client will be facilitated with a change of solicitor, subject to a decision on any additional expenses that might arise. The Board will however have regard to the reasons behind the request when making their decision. If it is determined that the request is attributable to the client being unhappy at the legal advice received and that advice is patently good advice, it is unlikely that the request will be acceded to.
All requests for a change of solicitor must be writing either to the solicitor or directly to the Board. Where a written request is made by a client to the solicitor, the solicitor should send a copy to the Private Practitioner Centre. In every case;
> the solicitor will get a copy of the request and will be asked to furnish a memorandum with his or her observations on the request;
> a decision will be made by the Professional Liaison Officer;
> if the request is refused the client will be informed by letter, copied to the private practitioner, setting out the reasons why the request is rejected and offered an opportunity to seek a review of the decision by the Director of Legal Aid if they wish to submit further information. During any review process the client is entitled to continue to receive services from the first nominated solicitor. The client should also be informed of the appeal process;
> if the request is acceded to, the client will be informed by letter, the private practitioner will be requested to furnish the file to the Private Practitioner Centre and steps will be taken by the Private Practitioner Centre to secure another solicitor at no additional cost to the Board; and
> the Board will determine what fees will be payable to the respective solicitors having regard to the terms and conditions of the relevant Scheme, the work done by the solicitor and the further work that is likely to be required.
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