Returning your instructions to your client

Question 1

When returning your instructions, what should you consider?

Answer 1

Nature of the case - is there limited counsel that are available to take instructions?
Nature of client - is your client vulnerable?
When is the hearing? - is there time for your client to find new counsel?

Question 2

When MUST you refuse instructions? (don’t even accept in the first place)

Answer 2

If you think a legal aid client isn’t legitimate

Client doesn’t consent to you disclosing information to the court and wants you to mislead the court

You become aware of a document that should have been disclosed and the client won’t let you.

Question 3

When MAY you return instructions?

Answer 3

You are too poorly to leave the house

You suffer a bereavement

Your client has been aggressive

A trial is fixed for when you are on holiday

Client doesn’t trust your advice

You haven’t received payment

You find out you are getting underpaid

Question 4

What does it mean if your solicitor withdraws?

Answer 4

You are no longer instructed and must return your instructions. Unless you are instructed by the new solicitors or the court appoint you.

Question 5

If you are going return instructions, what should you do?

Answer 5

ALWAYS:
ask for client consent
AND/OR
make client aware of consequences