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Changing solicitors after FDR

  • mousecheesetrap
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09 Jun 16 #479559 by mousecheesetrap
Topic started by mousecheesetrap
I am a respondent in a divorce, acting as an LIP. Just been through an FDR. The applicant has had a solicitor throughout. The case is in the process of being listed for FH.

I''ve just been notified by his solicitor that my stbx has asked them to come off the case:

''Please be advised that we have been requested by XXXX to cease acting for him and to come off the Court record.

The appropriate Notice of Acting will be filed by XXXX with the Court.''

Does anyone:

- know what procedures are involved?
- know how long it takes for the court to give permission for the old solicitor to come off the case and allow the new solicitor to take over?
- whether this will affect the listing of the FH?
- whether in the meantime (in the gap between him leaving his old solicitors and instructing new ones) he is obligated to act as an LIP?

Thanks

  • rubytuesday
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09 Jun 16 #479562 by rubytuesday
Reply from rubytuesday
It seems an odd time to disengage one''s solicitor. Perhaps he has run out of money for legal bills?

Your questions are in bold, my replies are in italics.

- know what procedures are involved? -

A new Notice of Acting will need to be filed by the new solicitors to the Court. If he intends to continue as a litigant in person, he himself will need to advise the court.


- know how long it takes for the court to give permission for the old solicitor to come off the case and allow the new solicitor to take over? -

No permission is required by the Court for a person to change their legal representation.

- whether this will affect the listing of the FH?

No, it won''t.


- whether in the meantime (in the gap between him leaving his old solicitors and instructing new ones) he is obligated to act as an LIP?

If a person is without legal representation then by default they are a litigant in person, even if only for a short temporary period of time.

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09 Jun 16 #479570 by mousecheesetrap
Reply from mousecheesetrap
Thanks.

The FDR took place and the FH hasn''t been listed yet. What kind of responsibilities does my ex have (the applicant) in communicating to me if he is now acting as an LIP?

Assuming he still has the same responsibilities what happens if he decides to cease communicating?

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09 Jun 16 #479571 by rubytuesday
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If he is now representing himself then your solicitor will need to communicate with him directly - and if you are also a litigant in person, then you would need to communicate directly with each other when required.

If he stops communicating altogether (and he is without legal representation), there isn''t really anything specific you can do, other than keep all communication in writing and make sure that you are keeping up to date with all documents and court Directions.

It may be an idea to try to ascertain from him if he is not a litigant in person and if not, to provide you with the details of new solicitor.

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09 Jun 16 #479576 by mousecheesetrap
Reply from mousecheesetrap
Thanks again.

Sorry to come back to you in bits but neither the solicitor nor the applicant have notified me that the notice of the change has been filed with the court.

Who''s responsibility is it to file it, how long should I expect to wait to be notified that it has been filed, and if it hasn''t been filed, where do I stand?

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