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MARTINT330
MARTINT330,
Category: Immigration Law
Satisfied Customers: 1287
Experience:  Expert
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I will like to know if it is possible to change lawyers in

Customer Question

I will like to know if it is possible to change lawyers in the midst of an immigration appeals case
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: The appeals case has been filed. The notice of acknowledgement of the appeals case has been sent to us. We also received an email from the first tier court requesting the home office to send their own bundle within 14 days of receiving the appeal summons which was on March 23rd this year. However the home office has not yet sent their own bundle and my lawyer is very nonchalant about sending our skeleton and bundle
JA: Have you talked to a lawyer about this?
Customer: I am asking if it's possible to change my lawyer despite the fact that the appeals case was filed by another lawyer
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My lawyer is proving incompetent
Submitted: 17 days ago.
Category: Immigration Law
Expert:  MARTINT330 replied 17 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 17 days ago.

Yes, you can if this is your private lawyer. To give more context, if you pay a private lawyer, you have the option of switching lawyers at any time. However, switching lawyers in the middle of a certain action or part of your case might cause confusion and delays. You should consider whether this is the appropriate course of action.

There are further restrictions on when you can replace your lawyer if you are not paying for your lawyer- you have a legal aid lawyer. If you have relocated or been transferred to a location far away from your existing lawyer, you can change lawyers.

Expert:  MARTINT330 replied 17 days ago.

Is there anything else I can help with today?

Customer: replied 17 days ago.
This is a private lawyer who is paid privately by me
Customer: replied 17 days ago.
The question I am asking as well is will we be penalised by the court for not sending our bundle and skeleton on time despite the fact that the home office has not sent theirs?
Customer: replied 17 days ago.
Please I need your expert advice
Expert:  MARTINT330 replied 17 days ago.

The Court will of course bear in mind that it must exercise its discretion to receive late evidence, especially if it is served during or after the hearing, with due caution. In particular the Court must ensure fairness, not only to the other party concerned but also to the public interest.

It would be prudent to file it immediately and also instruct a solicitor to formally act on your behalf.