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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience:  Barrister 17 years experience
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I am the Claimant in a Litigation case which has 4 Defendants.

Resolved Question:

I am the Claimant in a Litigation case which has 4 Defendants. The main hearing is on 5th - 11th December 2015.
The Claim was filed on 28th August 2014 (an injunction was obtained against all four claimants on 1st August 2014, after being transferred from Basildon County Court to Chelmsford County Court, and is being heard by a Circuit Judge)
The 4 Defendants had a joint solicitor which they dispensed with in June 2015.
One of the Defendants has recently engaged another Solicitor, who sent me several letters/emails threatening to put an application to dismiss into the court. Which, to date, she has not done.
The remaining 3 Defendants have, to my knowledge, not employed another solicitor.
I have asked her several times if she is still representing her client as I had documents to serve on him. Her only reply has been :-
(1) Send her the documents and she will pass them to her Client
(s) She is waiting instruction.
My question is
(1) Does that sound like she is still acting for him?
(2) Does she had to inform me if she is no longer acting for him?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. To a fellow lawyer, what is happening here appears as if there is a dispute about fees. Basically, the solicitor acting for all four wants to be paid up to date and put in funds for handling the upcoming trial. However, the Defendants haven't come up with the money to pay the solicitor. So, there is a stalemate until the money is provided. Otherwise the solicitor will not act in the forthcoming trial. However, where contentious litigation is concerned a solicitor "comes on record" for a Defendant and remains on record until either the solicitor is replaced by another solicitor coming on record, or the solicitor themselves formally comes off record. You need to realise that no solicitor ever comes off record voluntarily as this means they have difficulty in collecting all of their fees. So most solicitors remain on record until such times as they are replaced. 2. A solicitor "awaiting instruction" is a polite way of saying they haven't been paid. So the solicitor hasn't come off record and so must forward any documents you serve onto their client. However, here, one Defendant obviously had an interest different to the other three Defendants and so has moved to a different solicitor. 3. You will know that the solicitor is not acting for the three Defendants if she comes off record. In those circumstances, they will represent themselves and act as lay litigants, or else, employ another solicitor. However, you will only know about this fact of coming off record if you examine the court record. A solicitor will never directly inform the other side of changes in legal representation, unless you simply ask "are you still acting for the Defendant".4. Please RATE the Answer as unless you RATE the Answer your EXpert will receive none of the monies you have paid the website so there is no incentive to answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience: Barrister 17 years experience
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