Richard Harrison considers the practicalities & legalities of ‘coming off the record’
- What is the effect on a court case of a solicitor ceasing to act for a client?
- What are the requirements to put this into effect?
Many (including possibly some judges) share the mistaken belief that, even if solicitors have validly terminated their retainer with a client, they owe duties to the court to continue to incur costs and represent the client unless the court gives them permission to withdraw. Quite simply that is not the case. The process for ceasing to act does not entail getting permission from the court to stop representing the client.
The requirements under CPR Pt 42.3 are, as the commentary makes clear, based on establishing certainty of communication and service. The rule is headed: ‘Order that a solicitor has ceased to act’ and states that ‘a solicitor may apply for an order declaring that he has ceased to be the solicitor acting for a party’.
This is not framed in terms of permission to stop acting. And the ‘court record’ is not mentioned. What it provides
