FAQs 5

Q5. I have recently acted in a case where the client was unhappy with the outcome. He has sacked his solicitors and frequently writes to me with questions about potential grounds of appeal, or telephones to discuss the original hearing. Am I able to engage in correspondence with the client in this way?

A5. You are unable to give legal advice or representation to a lay client without proper instruction from a solicitor, unless you are able to undertake work under the Public Access scheme and comply with the requirements for accepting such work. It is also generally not a good idea to enter into drawn out correspondence with a former client over events that occurred at court.

There is no requirement for you to provide any factual information about the hearing but you may do so should you wish. The most appropriate way to respond is usually to write to the client advising that you cannot offer any legal advice and suggesting that he contact a new solicitor. You should also explain that you will not be able to respond to any further communications.