Family Law Express Forum

Hi all,
I received this notice from my former partner's solicitor yesterday.

NOTICE OF WITHDRAWAL AS LAWYER
Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
© a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

Thanks
Vanda

(23-Jul-2020, 09:34 PM)Vanda Wrote: [ -> ]Hi all,
I received this notice from my former partner's solicitor yesterday.

NOTICE OF WITHDRAWAL AS LAWYER
Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
© a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

Thanks
Vanda

Typically a solicitor would provide notice for withdrawal if there was a potential or real conflict of interest, or there is a fundamental misalignment between the solictor's advice and the clients demands.
There are various types of conflicts of interests, which may include this solicitor acting for you previously, if the relationship between solicitor and client has fundamentally changed, or many other reasons.
I can only speculate from the details given, so I am not giving you legal advice, but this does simply state that this solicitor no longer wants to represent the client, or the client has expressed displeasure at the solicitor's performance or advice, so the solicitor has taken the initiative.
But the reasons are not given.
And yes, it is not uncommon for solicitors to withdraw their representation from their client, and vice-versa.

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