Ethics in law

Fred Cohen

I would be obliged if someone could advise, in what circumstances is it approprate for a solicitor and/or barrister not to continue to represent their clients?

blueythebear

Fred Cohen wrote: »

I would be obliged if someone could advise, in what circumstances is it approprate for a solicitor and/or barrister not to continue to represent their clients?

It's a very general question and there are many possibilities. The law soc gives very general guidelines in terms of the following for solicitors:

i) failure by the client to put the solicitor in funds when requested

ii) refusal by client to accept and act on advice given wheere the matter is so important as to destroy the basis of the solicitor/client relationship

iii) client refuses or fails to give instruction

iv) client is of unsound mind.

Barristers would have their own guidelines which I'm sure are more detailed and instructive than those offered by the Law Society.

Fred Cohen

Thanks Bluey for the swift reply.

Just wondering could you elaborate on

ii) refusal by client to accept and act on advice given where the matter is so important as to destroy the basis of the solicitor/client relationship

iii) client refuses or fails to give instruction

Also what difficulties a solicitor could have about instructions given by a client?

Also do the Law Society/Bar society publish these guideliens

johnnyskeleton

Fred Cohen wrote: »

Thanks Bluey for the swift reply.

Just wondering could you elaborate on

ii) refusal by client to accept and act on advice given where the matter is so important as to destroy the basis of the solicitor/client relationship

If a client asks a solicitor to bring a case that is completely unstateable or impossible e.g. "I want to sue God" or "I want to challenge Article 44 of the constitution as being incompatible with the European Convention of Human Rights" or "I want you to take a professional negligence case against yourself". Those are extremes, but needless to say a solicitor does not have to act in a case that they believe is a waste of the court's time. If a client gives contradictory instructions e.g. I want to settle the case but I also want my day in court, then that can also cause difficulty.

Fred Cohen wrote: »

iii) client refuses or fails to give instruction

If a solicitor outlines two unpleasant options that the client has to chose and the client refuses to chose one or just generally refuses to tell the solicitor what he wants to do.

Another important time when lawyers can come out of a case would be where they have a personal interest e.g. being asked to sue their relative, or where there is a conflict of interests between two or more clients.

Fred Cohen wrote: »

Also what difficulties a solicitor could have about instructions given by a client?

If a client instructs a solicitor to bring a case that is capable of winning in law, does not conflict with the solicitor's interests or the interests of the solicitor's other clients and the client pays the required fee, then there should be no difficulty in that solicitor acting for the client.

Fred Cohen wrote: »

Also do the Law Society/Bar society publish these guideliens

http://www.lawsociety.ie/Documents/committees/conduct2.pdf

http://www.lawlibrary.ie/documents/memberdocs/CodeOfConductAdopted050710.pdf

Jarndyce

Here is one recent example...

http://www.independent.ie/national-news/pamela-recruits-new-lawyers-in-deportation-fight-1741452.html

xE

The same as with any industry, if the client is known to be unreliable, missing or are asking something which is not in the solicitors interests to do, they can decline.

Its a competitive market, there's no shortage of solicitors. That's for sure.