If legal aid is granted, it is a matter for the professional judgment of the individual solicitor as to whether or not it is essential that the file be obtained by the client from the former solicitor. In arriving at this decision, regard should be had to the possibility of obtaining information from the court office and/or from the solicitor for the other party. Regard would also be had to the stage at which the proceedings, if any, had reached and the scope for starting afresh based on any proceedings that had been issued.
If the solicitor forms a view that it is necessary to request the file from the previous solicitor, the letter on the next page should be sent to the previous solicitor.
If the solicitor is willing to accept an undertaking as outlined in the terms of the first letter, the letter on the following page may be sent.
A solicitor should not seek to come on record in any case where legal aid has been granted without forming a view as expressed in the preceding paragraph. If a solicitor considers that a professional service cannot be provided to the client, the client should be advised accordingly and also advised that the solicitor proposes to request that the legal aid certificate be terminated.