Solicitors (Amendment) Act, 1994

Restriction on the withdrawal of a solicitor from a case.

74.—(1) A solicitor who has accepted instructions to appear in court for a client who is in custody may not withdraw from the client's case without obtaining permission from the court before which that client is next scheduled to appear.

(2) The court shall, in deciding whether to grant a solicitor permission to withdraw from a case under subsection (1) of this section, have regard to—

(a) the likely consequences of such action for the client notwithstanding that the client may have concurred in the solicitor's withdrawal from the case, and

(b) any delay or other adverse consequences which may arise for the proceedings in question as a result of the solicitor's withdrawal,

and the court shall have regard to any matter which is the subject of privilege between the solicitor and the client.

(3) The court may hear an application for permission under subsection (1) of this section in camera if it considers it necessary to do so in the interests of justice.

(4) A withdrawal by a solicitor from a case in contravention of subsection (1) of this section shall be notified to the Society by the court whose permission is required under that subsection to withdraw from the case and the Society, on being so notified, shall investigate the matter and take any necessary action under the provisions of Part II (as amended by this Act) of the Act of 1960.