FAQ58

Q58. My lay client and his instructing solicitor have fallen out and my lay client is now instructing another firm. He has not paid his previous solicitors. I still possess a number of papers in the case forwarded to me by the first solicitors. The second solicitors wish to instruct me. Am I able to make use of the papers?

A58. You should ask the first solicitors whether they wish to claim a lien. If they do not, you may use the papers. If they do, you should return the papers to them and may not use them to assist you when instructed by the new solicitors. There is, however, nothing to prevent you using any notes that you may have taken for your own use when instructed by the previous solicitors to assist you at this later stage.