Guidance on Withdrawal from a case and Return of Instructions

Question 1

What are counsel’s options if the professional client withdraws from the case?

( - 4 Points)

Answer 1

• If the solicitor withdraws then counsel is no longer INSTRUCTED
• Counsel MAY NOT continue to act
• even if the client is prejudiced by the solicitor/counsel no longer acting, Counsel has NO CHOICE but to CEASE to act.
• Counsel MAY CONTINUE to act if APPOINTED by the Court.
• But Counsel has COMPLETE DISCRETION as to whether or not to accept an appointment by the Court.

Note:
If he declines it is not considered as him RETURNING THE INSTRUCTIONS or WITHDRAWING FROM CASE

Question 2

Is counsel obliged to give reasons for withdrawing due to withdrawal of professional client or change in nature of remuneration?

( - 1 Point)

Answer 2

• NO but it is GOOD PRACTICE to explain to the lay client why he may not continue

Question 3

What are counsel’s options if the nature/terms of his remuneration is changed?

Answer 3

• if there is MATERIAL CHANGE then it means his original instructions have been withdrawn by client and substituted by a new offer of new instructions on different terms. (same as a COUNTER-OFFER)
• Counsel must consider whether he is OBLIGED under the CAB RANK RULE to accept the new instructions
• If OBLIGED then he MUST accept instructions
• if not so then he MAY decline them

Note:
( if he declines this is not considered as him RETURNING INSTRUCTIONS or WITHDRAWING FROM CASE or CEASING TO ACT