Withdrawal of legal advice
Withdrawal of legal advice ceases the provision of legal advice by the solicitor. Section 26(7) of the Act provides that the Board may cease to grant legal advice where it considers that “it is no longer reasonable” for a person to continue receiving it.
Examples of circumstances in which the Board may be justified in withdrawing legal advice are provided under Regulations 4(6) and 13(5) of the Regulations and include:
- Failure to comply with a condition of the grant of legal advice (e.g. being more than 21 days in arrears of an instalment arrangement)
- Where the applicant’s financial circumstances change (è Administrative Procedures Handbook)
- Unreasonable behaviour (see the section on unreasonable behaviour below – the same principles apply),
- if the applicant’s own behaviour causes the cost of the Board to provide legal advice to unreasonably increase (e.g. if the applicant, dissatisfied with the advices of Counsel, insisted on second or further opinions to be obtained)