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Anon 0024

I am not sure that it is the case that “If clients want to find their own replacement solicitor that is fine, but the new firm will have to give appropriate undertakings in respect of costs etc. "

The Solicitors' Code of Conduct 2007 Rule 2.01(2) provides that a solicitor "must not cease acting for a client except for good reason and on reasonable notice." Paragraph 8 of the guidance to rule 2 provides that examples of good reasons for termination are "where there is a breakdown in confidence" and where the solicitor is "unable to obtain proper instructions".

The Solicitor deciding to give up PI work altogether is not good cause and amounts to a breach of the contractual obligation to entirely fulfill the contract, arising on acceptance of the original retainer.

I was once faced with such circumstances and successfully argued that the Solicitor had terminated the retainer and that, absent good cause, they were not entitled to costs at all.