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Solicitor not following instructions

Posted by rak123 
Solicitor not following instructions
February 25, 2021 02:29PM
-redacted

Thank you in advance



Edited 1 time(s). Last edit at 02/26/2021 12:26PM by rak123.
Re: Solicitor not following instructions
February 25, 2021 05:57PM
>>I do not agree and I believe the solicitor has to follow the client instructions. Is that right?

No, that is not right. If, say, a client gives instructions to a solicitor which conflict with the solicitor's duty to the court then the solicitor cannot follow the client's instructions. In circumstances like that a solicitor would have to tell the client that he/she must cease to act for the client unless he/she changes the instructions.

This is just one example. A solicitor is not obliged to blindly follow a client's instructions. If the solicitor thinks that he/she is being asked to do something wrongful he/she must cease to act for that client. Indeed, in that particular case, depending upon the nature of the wrongful act, a solicitor may actually be obliged to do something about it.

You fundamentally misunderstand the role of a solicitor.
Re: Solicitor not following instructions
February 25, 2021 08:55PM
Thanks David for your response and for clarifying.

"which conflict with the solicitor's duty to the court then the solicitor cannot follow the client's instructions"

Just to add - In this particular case, there is no conflict with regards to their duty to the court. The court has simply asked to clarify if respondents name is X or Y and this is where my instructions and solicitors view are differing.

If they agree to what I am asking, it means they implicitly agree to their mistake which was the reason for the refusal by the court.

So I was unsure what my options are.
Re: Solicitor not following instructions
February 26, 2021 09:24AM
We have been through this before. Your view of this and your solicitor's view seem to be different. Without seeing all the paperwork it is impossible to know the rights and wrongs of this.
Re: Solicitor not following instructions
February 26, 2021 09:35AM
Understood, thanks smileys with beer
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