The Family Procedure (Adoption) Rules 2005

PART 18 CHANGE OF SOLICITOR

Change of solicitor – duty to give notice

168.—(1) This rule applies where—

(a) a party for whom a solicitor is acting wants to change his solicitor;

(b) a party, after having conducted the application in person, appoints a solicitor to act on his behalf (except where the solicitor is appointed only to act as an advocate for a hearing); or

(c) a party, after having conducted the application by a solicitor, intends to act in person.

(2) Where this rule applies, the party or his solicitor (where one is acting) must—

(a) file notice of the change; and

(b) where paragraph (1)(a) or (c) applies, serve notice of the change on the former solicitor.

(3) The court will give directions about serving notice of the change on every other party.

(4) The notice filed at court must state that notice has been served as required by paragraph (2)(b).

(5) Subject to paragraph (6), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party’s solicitor unless and until—

(a) notice is filed and served in accordance with paragraphs (2) and (3); or

(b) the court makes an order under rule 169 and the order is served as required by paragraph (3) of that rule.

(6) Where the certificate of a LSC funded client or an assisted person is revoked or discharged—

(a) the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined under regulation 4 of the Community Legal Service (Costs) Regulations 2000(1); and

(b) if that person wishes to continue where he appoints a solicitor to act on his behalf, paragraph (2) will apply as if he had previously conducted the application in person;

(7) In this rule—

“assisted person” means an assisted person within the statutory provisions relating to legal aid;

“certificate” means a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 1999(2));

“LSC funded client” means an individual who receives services funded by the Legal Services Commission as part of the Community Legal Service within the meaning of Part I of the Access to Justice Act 1999.

Order that a solicitor has ceased to act

169.—(1) A solicitor may apply for an order declaring that he has ceased to be the solicitor acting for a party.

(2) Where an application is made under this rule—

(a) notice of the application must be given to the party for whom the solicitor is acting, unless the court directs otherwise; and

(b) the application must be supported by evidence.

(3) Where the court makes an order that a solicitor has ceased to act—

(a) the court will give directions about serving the order on every party to the proceedings; and

(b) if it is served by a party or the solicitor, the party or the solicitor (as the case may be) must file a certificate of service.

Removal of solicitor who has ceased to act on application of another party

170.—(1) Where—

(a) a solicitor who has acted for a party—

(i) has died;

(ii) has become bankrupt;

(iii) has ceased to practice; or

(iv) cannot be found; and

(b) the party has not given notice of a change of solicitor or notice of intention to act in person as required by rule 168(2),

any other party may apply for an order declaring that the solicitor has ceased to be the solicitor acting for the other party in the case.

(2) Where an application is made under this rule, notice of the application must be given to the party to whose solicitor the application relates unless the court directs otherwise.

(3) Where the court makes an order made under this rule—

(a) the court will give directions about serving the order on every party to the proceedings; and

(b) where it is served by a party, that party must file a certificate of service.

(1)

S.I. 2000/441.

(2)

1999 c. 22.