QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.990Application for leave to withdraw as solicitor
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### sec.990 Application for leave to withdraw as solicitor
Unless the court orders otherwise, a solicitor may apply for leave to withdraw from the record in a proceeding only if, at least 7 days before applying for leave, the solicitor gives written notice ( notice of intention to apply for leave to withdraw ) to the client—
stating the solicitor’s intention to withdraw; and
asking the client, within 7 days after the date of the notice, to—
appoint another solicitor; or
file and serve a notice under rule 986 (2) that the client acts in person; and
stating that, if the client does not comply with the requirements of the notice—
the solicitor may apply to the court for leave to withdraw; and
the client may be ordered to pay the solicitor’s costs of the application.
The application for leave to withdraw must be served on the client.
A solicitor may give notice of intention to apply for leave to withdraw, or serve an application for leave to withdraw, by posting it to the client at the residential or business address of the client last known to the solicitor.
(sec.990-ssec.1) Unless the court orders otherwise, a solicitor may apply for leave to withdraw from the record in a proceeding only if, at least 7 days before applying for leave, the solicitor gives written notice ( notice of intention to apply for leave to withdraw ) to the client— stating the solicitor’s intention to withdraw; and asking the client, within 7 days after the date of the notice, to— appoint another solicitor; or file and serve a notice under rule 986 (2) that the client acts in person; and stating that, if the client does not comply with the requirements of the notice— the solicitor may apply to the court for leave to withdraw; and the client may be ordered to pay the solicitor’s costs of the application.
(sec.990-ssec.2) The application for leave to withdraw must be served on the client.
(sec.990-ssec.3) A solicitor may give notice of intention to apply for leave to withdraw, or serve an application for leave to withdraw, by posting it to the client at the residential or business address of the client last known to the solicitor.
- (a) stating the solicitor’s intention to withdraw; and
- (b) asking the client, within 7 days after the date of the notice, to— (i) appoint another solicitor; or (ii) file and serve a notice under rule 986 (2) that the client acts in person; and
- (i) appoint another solicitor; or
- (ii) file and serve a notice under rule 986 (2) that the client acts in person; and
- (c) stating that, if the client does not comply with the requirements of the notice— (i) the solicitor may apply to the court for leave to withdraw; and (ii) the client may be ordered to pay the solicitor’s costs of the application.
- (i) the solicitor may apply to the court for leave to withdraw; and
- (ii) the client may be ordered to pay the solicitor’s costs of the application.
- (i) appoint another solicitor; or
- (ii) file and serve a notice under rule 986 (2) that the client acts in person; and
- (i) the solicitor may apply to the court for leave to withdraw; and
- (ii) the client may be ordered to pay the solicitor’s costs of the application.