sec.38Lawyer withdrawing from acting for prisoner

### sec.38 Lawyer withdrawing from acting for prisoner A lawyer who is no longer instructed to act for a prisoner in an appeal may withdraw from acting for the prisoner in the appeal by— as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— the other party to the appeal; the prisoner. A lawyer who wants to withdraw from acting for a prisoner in an appeal, other than because the lawyer is no longer instructed to act for the prisoner, may withdraw by— giving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and giving a copy of the notice to— the other party to the appeal; and the prisoner; and obtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding. The lawyer must give the notice or copy mentioned in subsection (2) — no later than 14 days before the hearing day; or if the hearing day is sooner than the 14 days, as soon as possible. (sec.38-ssec.1) A lawyer who is no longer instructed to act for a prisoner in an appeal may withdraw from acting for the prisoner in the appeal by— as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— the other party to the appeal; the prisoner. (sec.38-ssec.2) A lawyer who wants to withdraw from acting for a prisoner in an appeal, other than because the lawyer is no longer instructed to act for the prisoner, may withdraw by— giving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and giving a copy of the notice to— the other party to the appeal; and the prisoner; and obtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding. (sec.38-ssec.3) The lawyer must give the notice or copy mentioned in subsection (2) — no later than 14 days before the hearing day; or if the hearing day is sooner than the 14 days, as soon as possible. - (a) as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the prisoner; and - (b) at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— (i) the other party to the appeal; (ii) the prisoner. - (i) the other party to the appeal; - (ii) the prisoner. - (i) the other party to the appeal; - (ii) the prisoner. - (a) giving written notice to the registrar that the lawyer intends seeking the Court of Appeal’s leave to withdraw from acting for the prisoner in the appeal; and - (b) giving a copy of the notice to— (i) the other party to the appeal; and (ii) the prisoner; and - (i) the other party to the appeal; and - (ii) the prisoner; and - (c) obtaining the Court of Appeal’s leave to withdraw from acting for the prisoner in the proceeding. - (i) the other party to the appeal; and - (ii) the prisoner; and - (a) no later than 14 days before the hearing day; or - (b) if the hearing day is sooner than the 14 days, as soon as possible.