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see also Part 18

# Practice Direction – Change of Solicitor This Practice Direction supplements Part 18 of the Family Procedure (Adoption) Rules 2005

## Solicitor acting for a party

### 1.1

Subject to rule 168(6) (where the certificate of a LSC funded client or assisted person is revoked or discharged), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party’s solicitor unless or until –

(1) a notice of the change is –

(a) filed with the court1; and

(b) served on the former solicitor2; and

(c) served on every other party in accordance with directions of the court3; or

(2) the court makes an order under rule 169 and the order is served on the former solicitor and every other party in accordance with directions of the court4.

### 1.2

A solicitor appointed to represent a party only as an advocate at a hearing will not be considered to be acting for that party within the meaning of Part 18.

## Notice of change of solicitor

### 2.1

Rule 168(1) sets out the circumstances following which a notice of the change must be filed and served.

### 2.2

A notice of the change must also be filed and served in accordance with the court’s directions where, under rule 168(6) –

(1) the certificate of a LSC funded client or assisted person is revoked or discharged; and

(2) the LSC funded client or the assisted person wishes either to act in person or appoint another solicitor to act on his behalf.

### 2.3

Form FP8 should be used to give notice of any change. The notice should be filed in the court office in which the application is proceeding.

## Application for an order that a solicitor has ceased to act

### 3.1

A solicitor may apply under rule 169 for an order declaring that he has ceased to be the solicitor acting for a party.

### 3.2

The application should be made in accordance with Part 9 and must be supported by evidence5. Unless the court directs otherwise the application notice must be served on the party6.

### 3.3

The court will give directions about serving an order made under rule 169 on every party. Where the order is not served by the court, the person serving must file a certificate of service in practice form FP6.

## Application by another party to remove a solicitor

### 4.1

Rule 170 sets out circumstances in which any other party may apply for an order declaring that a solicitor has ceased to be the solicitor acting for another party in the proceedings.

### 4.2

The application should be made in accordance with Part 9 and must be supported by evidence. Unless the court directs otherwise the application notice must be served on the party to whose solicitor the application relates.

### 4.3

The court will give directions about serving an order made under rule 170 on every other party to the proceedings. Where the order is not served by the court, the person serving must file a certificate of service in practice form FP6.

## Footnotes

1. See rule 168(2)(a).
2. See rule 168(2)(b).
3. See rule 168(3).
4. See rule 168(5).
5. See Part 15 and the Practice Direction that supplements it.
6. See rule 169(2).

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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