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Can my solicitor refuse to represent me?

6 replies

newmummy34 · 07/11/2026 17:16

For context I am on legal aid hence thats why I am stuck with the same solicitor. In the time I have been with with my solicitor they have : missed a court date as no one read the email, applied for blind occupation order when I had no hope of getting one, forgotten to process a non molestation order and an harassment order putting me and my children at risk, told me that my court case had been adjourned when it hadn't, failed to file paperwork properly each time we have gone to court to the extent last time the Judge threatened an adjournment at their cost because even my original document bundle hadn't been submitted but didn't as he accepted both the respondent and the plaintiff where in attendance and wanted to get the matter resolved, taken so long to get back to the other side, they have threatened them with legal costs, taken so long to get back to the other side the case has gone to court when an out of court settlement had been reached but it was too late to submitt the agreement, when a letter from cafcass arrived they claimed to have no knowledge of the c100 they submitted or the court case date. The cafcass court date has stated that the only paperwork that can be submitted prior to the heading is the cafcass safeguarding letter. I have asked my solicitor for all the emails from the other side as I know there are numerous ones about the house, money etc but only ONE regarding the kids so I can show the cafcass officer in a completely non basis way that I have never obstructed access to the children. My solicitor has refused saying my legal aid certificate doesn't cover them doing any work. I want to complain as after everything that has gone on before , I feel I am asking for a small thing which will help my case but I'm worried that they can withdrawn as my legal team and that means I would lose my barrister who HAS been amazing. Where do I stand?

OP posts:
newmummy34 · 07/11/2026 20:12

JohnofWessex · 07/11/2026 17:38

I might start by talking to your Barrister

There is also

https://www.gov.uk/government/organisations/legal-aid-agency/about/complaints-procedure

I would love too but they can only speak to me through my solicitor expect on court days when they see me. They did tell me that they have some good colleagues who they can recommend if I wanted to stop having a solicitor but they only deal with solicitors. I know they have emailed complaints about my service to my solicitors because every time I see them they ask if anyone has been in contact about the issues we have had in court but no one has. I just need to know what to do with my current issue

OP posts:
newmummy34 · 07/11/2026 20:14

Wildfairy · 07/11/2026 17:47

Op it’s not your barrister, you need to complain to the sra.

process info below.

https://www.sra.org.uk/consumers/problems/

I know, my barrister has been truly amazing throughout and has emailed in complaints to the Solicitors head office but no one seems to care. I know I should complain but I can't represent myself and there no more legal aid around here. Can they drop me if I push for the emails I need?

OP posts:
Wildfairy · 07/11/2026 20:57

newmummy34 · 07/11/2026 20:14

I know, my barrister has been truly amazing throughout and has emailed in complaints to the Solicitors head office but no one seems to care. I know I should complain but I can't represent myself and there no more legal aid around here. Can they drop me if I push for the emails I need?

You can Google this, they can’t drop you for requesting emails. They can cite breakdown in trust,

Yes, a legal aid solicitor can drop (cease to act for) a client, but only if they have a valid, professional reason and follow proper regulatory and court procedures. They cannot simply walk away or drop a client arbitrarily.

Valid Reasons for Stopping Representation
Under guidance from the Solicitors Regulation Authority (SRA) and the broader legal profession, a solicitor can terminate a retainer for "good reason," which includes:

  • Breakdown of trust and confidence between the solicitor and client.
  • Inability to obtain instructions or the client failing to cooperate/follow advice.
  • Conflict of interest (e.g., acting for multiple defendants whose interests clash).
  • Professional embarrassment or ethical obligations (such as the client asking the solicitor to mislead the court, present false evidence, or pursue a completely unarguable/hopeless case).
  • Abusive, offensive, or improper behavior by the client.
  • Withdrawal or alteration of legal aid funding.

What the Solicitor Must Do
When stopping representation, a solicitor is bound by strict professional standards:

  • Provide reasonable notice: They must give the client enough time to find alternative representation, unless an urgent safety issue or court deadline makes it impossible.
  • Notify the court and other parties: If court proceedings are active, the solicitor usually has to apply to the court or file a formal notice (such as coming off the record) rather than just dropping out.
  • Hand over files and signpost: They must pass on relevant case documents (subject to any lawful cost liens) and, particularly under legal aid, often signpost or direct the client toward alternative competent firms.

What Happens to Your Legal Aid?

  • Transferring Legal Aid: If your solicitor stops acting, you do not automatically lose your legal aid, but you cannot simply force a new firm to take it over immediately.
  • Finding a New Solicitor: You or your new solicitor will need to apply to transfer the legal aid certificate/nomination to the new firm
newmummy34 · 07/11/2026 21:05

Wildfairy · 07/11/2026 20:57

You can Google this, they can’t drop you for requesting emails. They can cite breakdown in trust,

Yes, a legal aid solicitor can drop (cease to act for) a client, but only if they have a valid, professional reason and follow proper regulatory and court procedures. They cannot simply walk away or drop a client arbitrarily.

Valid Reasons for Stopping Representation
Under guidance from the Solicitors Regulation Authority (SRA) and the broader legal profession, a solicitor can terminate a retainer for "good reason," which includes:

  • Breakdown of trust and confidence between the solicitor and client.
  • Inability to obtain instructions or the client failing to cooperate/follow advice.
  • Conflict of interest (e.g., acting for multiple defendants whose interests clash).
  • Professional embarrassment or ethical obligations (such as the client asking the solicitor to mislead the court, present false evidence, or pursue a completely unarguable/hopeless case).
  • Abusive, offensive, or improper behavior by the client.
  • Withdrawal or alteration of legal aid funding.

What the Solicitor Must Do
When stopping representation, a solicitor is bound by strict professional standards:

  • Provide reasonable notice: They must give the client enough time to find alternative representation, unless an urgent safety issue or court deadline makes it impossible.
  • Notify the court and other parties: If court proceedings are active, the solicitor usually has to apply to the court or file a formal notice (such as coming off the record) rather than just dropping out.
  • Hand over files and signpost: They must pass on relevant case documents (subject to any lawful cost liens) and, particularly under legal aid, often signpost or direct the client toward alternative competent firms.

What Happens to Your Legal Aid?

  • Transferring Legal Aid: If your solicitor stops acting, you do not automatically lose your legal aid, but you cannot simply force a new firm to take it over immediately.
  • Finding a New Solicitor: You or your new solicitor will need to apply to transfer the legal aid certificate/nomination to the new firm

Okay, so where does that leave me now? I need those emails and I need a solicitor

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