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Difference between revisions of "Lawyers & The Law Society"

From Clicklaw Wikibooks
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==Ending the Lawyer-Client Relationship==
==Ending the Lawyer-Client Relationship==


You or your lawyer can end the solicitor-client relationship; you can fire your lawyer and your lawyer can fire you. From a lawyer's point of view, neither event occurs particularly often, but it does happen.
You or your lawyer can end your working relationship; you can fire your lawyer and your lawyer can fire you. From a lawyer's point of view, neither event occurs particularly often, but it does happen.


===Firing your Lawyer===
===Firing your Lawyer===


Clients usually want to fire their lawyers when they're displeased with the service they're receiving. You can fire your lawyer simply by sending him or her a letter to that effect or giving your lawyer a call, though you will no doubt want to phrase a bit more nicely than "I'm firing you." The lawyer-client relationship is a business relationship, and you can terminate this relationship any time you wish.
Clients usually want to fire their lawyers when they're unhappy with the service they're receiving. You can fire your lawyer simply by sending him or her a letter to that effect or giving your lawyer a call, though you will no doubt want to phrase a bit more nicely than "I'm firing you." The lawyer-client relationship is a business relationship, and you can terminate this relationship any time you wish.


Of course, there will be some things left to deal with after you've given your lawyer the news.
Of course, there will be some things left to deal with after you've given your lawyer the news.


First, you'll have to pay your outstanding account, if there is one. If you disagree with the amount charged, you can apply to the court to have your lawyer's bill "taxed," which is described in more detail above. On the other hand, if there's still money in your retainer, that's your money and you can ask to have it sent back to you.
First, you'll have to pay your outstanding account, if there is one. If you disagree with the amount charged, you can apply to the court to have your lawyer's bill reviewed, which is described in more detail above. On the other hand, if there's still money in your retainer, that's your money and you can ask to have it sent back to you.


Then there's the matter of your file. If your litigation is still on-going, you'll need to get your file. If you've hired another lawyer, your lawyer will normally just send it to your new counsel; if you haven't, you're entitled to ask that your lawyer send it straight to you. Of course, there may be a slight problem if you still owe money to your lawyer. If you still owe money, your lawyer is entitled to keep your file until his or her account is paid in full. In the right circumstances, your lawyer may agree to transfer your file to your new lawyer on the new lawyer's promise to make sure that the bill gets paid when the file concludes.
Then there's the matter of your file. If your case is still on-going, you'll need to get your file. If you've hired another lawyer, your lawyer will normally just send it to your new counsel; if you haven't, you're entitled to ask that your lawyer send it straight to you. Of course, there may be a slight problem if you still owe money to your lawyer. If you still owe money, your lawyer is entitled to keep your file until his or her account is paid in full. In the right circumstances, your lawyer may agree to transfer your file to your new lawyer on the new lawyer's promise to make sure that the bill gets paid when the file concludes.


===When your Lawyer fires You===
===When your Lawyer fires You===
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#an unpaid account and a low likelihood that the account will get paid;
#an unpaid account and a low likelihood that the account will get paid;
#the client refuses to give reasonable instructions or follow the lawyer's advice; or,
#the client refuses to give reasonable instructions or follow the lawyer's advice; or,
#the trust aspect of the solicitor-client relationship has broken down.
#the trust aspect of the lawyer-client relationship has broken down.


If your lawyer fires you, he or she will normally do so in a letter detailing the reason why he or she can no longer act for you and highlighting any important dates that are upcoming in your case. Most lawyers will also recommend other lawyers you may wish to consider retaining in their place.
If your lawyer fires you, he or she will normally do so in a letter detailing the reason why he or she can no longer act for you and highlighting any important dates that are upcoming in your case. Most lawyers will also recommend other lawyers you may wish to consider retaining in their place.