I am acting in a criminal matter where the client is publicly funded and now wishes to change solicitor. What factors do I need to consider?
The retainer is a contractual relationship and subject therefore to legal considerations. In principle, a client can end the retainer with you at any time and for any reason. However, when a client is a defendant in criminal proceedings, different practical considerations apply to the determination of the retainer and withdrawal depending on the source of client funding. Where the client is publicly funded, Regulation 16 of the Criminal Defence Service General (No 2) Regulations governs any application for a change of representation, and the court has the power to grant or refuse such an application. The grounds for change are set out in Regulation 16(2)(a)(i)–(iv).
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