How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
Type Your Law Question Here...
Buachaill is online now

if a solicitor was handling my case and wants to come off record can

This answer was rated:

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)
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.

Buachaill and other Law Specialists are ready to help you