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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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if a solicitor was handling my case and wants to come off record can

Resolved Question:

if a solicitor was handling my case and wants to come off record
can they ask another solicitor in the firm to swear the affidavit for that and issue the summons (they have been negligent)
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. In law, there is no rule which prevents one member of a solicitor's firm which wishes to come off records from swearing the affidavit grounding the Summons to come off record. Whilst it is not the best evidence possible, as it is not direct evidence from the person who dealt with the client, it is designed to prevent the solicitor who dealt directly with the client from being cross-examined in the witness box about events which occurred with the client. Essentially, the solicitor does not want to be cross examined about their errors and negligence in the witness box on the Summons to come off record. They wish that matter to be dealt with on another occasion when they are no longer representing the client. Also they don't want to prejudice their defence in the negligence action by making admissions at an early stage.

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