Instances where withdrawal of legal services does not apply
It is not considered that the procedures below are necessary where the client fails to give instructions in the sense that he or she is no longer in contact with the Board. In those circumstances it is considered appropriate to close the file and to notify Legal Services where counsel has been authorised / retained in order that a proper record can be kept of outstanding fees to counsel.
Likewise it is not considered necessary to apply to court to come off record in such cases where the proceedings are dormant / inactive. If however the proceedings are active and an application to come off record is necessary, consideration should be given to seek to terminate the legal aid certificate.