Criminal Legal Aid - Change of solicitor
When a solicitor is assigned by a Court to represent a defendant in a criminal matter the Court is the only tribunal that can discharge that assigned solicitor. A client cannot discharge the assigned solicitor without permission of the Court. Therefore:
- If a client informs the assigned solicitor that he no longer wishes him to act, the assigned solicitor should bring this to the attention of the Court as soon as possible and it is then up to the Court to discharge the solicitor from his assignment.
- If an assigned solicitor receives a letter from another solicitor enclosing a notification from the client that the client wishes to discharge the assigned solicitor, the assigned solicitor should, if he deems it necessary or desirable, attempt to contact the client directly to verify the client's wishes; and must, in any event, bring the matter to the attention of the Court as soon as possible.
- If a client informs the assigned solicitor (either directly or through another solicitor) that he has engaged another solicitor in a private capacity, the assigned solicitor must bring the matter to the attention of the Court as soon as possible
- An assigned solicitor is under no obligation to hand over any papers in his possession to the client or the intended new solicitor until the assigned solicitor has been discharged by the Court.
- A solicitor should not interview a client, if that client has already been granted legal aid and assigned a solicitor, without informing that already assigned solicitor. A solicitor should not seek to interview such a client unless he has specific instructions from that client, or, if the client is a young person (i.e. under 17 years old), his/her parents or guardians.