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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I was forwarded an email from my counsel to my solicitor my

Customer Question

I was forwarded an email from my counsel to my solicitor my mistake. The email contained reference to my case and a play on my name which was offensive and wholly inappropriate, trivialising the charge against me and basically implying that i was guilty.
My trial was due to be hear the following day.
I informed both counsel and my solicitor of the fact that i had seen the email and whilst they both apologised my counsel has now said it would be unprofessional of him to represent me.
He has written to the residing judge where my case was to be hear and has said that due to "conflict' he can no longer represent me. I now feel that this will reflect badly on me. I know that the word 'conflict' is a legal term used to cover a number of reasons, but I still feel that it may look like I am the problem. Am I within my rights to write to the judge to explain the reason myself? My solicitors are in the process of appointing new counsel.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help you with this please?
Customer: replied 2 years ago.

I just want to know if I can also write to the residing judge to explain fully why my counsel can no longer represent me?

Customer: replied 2 years ago.

can you let me know how long it is going to take for you to reply to my query?

Expert:  Jo C. replied 2 years ago.
Thanks.

You can do that but the Judge probaby will not consider it.

You are not asking for a revocation and transfer of legal aid.

Counsel is withdrawing due to conflict. Actually conflict doesn't imply anything at all. Conflict can arise for lots of reasons.

The fact of this email alone probaby would not be enough to seek a transfer of legal aid but thats not what you request.

So, in short, yes you can write out reasons but the Judge is not likely to consider them since the decision is not yours but that of counsel.

To be wholly honest, if the reason you want to cite comes down to this email then it would probably reflect more badly upon you if you did set down the reasons than you did not.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

So do I have any redress? Can I make a complain somewhere regarding the unprofessional behaviour? I expected my defence team to offer me advice and reassurance, but they have just given me more problems to deal with. I now have to go through my case all over again with new counsel and prolong the trial date through no fault of my own.

Expert:  Jo C. replied 2 years ago.

You can always complain to Chambers but, to be wholly honest, a private email from counsel to solicitor of this nature is not going to lead to any significant action being taken.

I suppose you could complain to the Bar Standards Board but I would expect them to refer it back to Chambers.

A letter of apology might have been the consequence but he has apologised anyway.

The Judge wouldn't be interested in this. His view would probaby be that it was unfortunate that it was forwarded on. Its not for Judges to discipline counsel.
Customer: replied 2 years ago.

Thank you for your help.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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