My question concerns the official position of a representative in a case where solicitor-1 discontinued with his client and was replaced by solicitor-2 from a different company. Any answers or suggestions would be very welcome.
Context:
I've been husband/Respondent/LIP in a divorce case since 2020. (It's been as one-sided and harrowing and draining for me as described for other sufferers, elsewhere within this gift of a website - spotted only today).
In my case, her solicitor-1 chose to drop his client a week from the first Hearing. (It's the first of 7 so far). Usually the client drops the solicitor of course. I found out late, since from the outset I've realised as a LIP, I frequently don't get copied in.
At the time, I received nothing from solicitor-1 about his "discontinuance" , nor anything from the Court. The Hearing, after 15 painful months, had an empty bundle.
Today:
Only today did I spot online the formal documentation expected in such cases of solicitor replacement.
a) A completed D11 from the outgoing rep stating their "good reason for dropping the client". And from which there is to be a Court Order, confirming. (FPR 26.3 refers)
b) A completed N434 form from the incoming rep.
The Gov website states "must" issue copies of D11 and Order, & N434 to all parties. But I received nothing - always advantageous to keep LIP in the dark
Today I learned - from the Court - that the only doc on the Court File is a simple letter from solicitor-1 saying "we no longer represent so remove us from your records." No D11. And no Order.
I happen to know the outgoing solicitor had detected the instructions to him were not actually from my wife, but from a third party, with worrying Data Protection implications).
My Question to the forum:
What is the official position? Does my wife have TWO firms acting for her? Is the second one offside - or still engaged? Who is her current Rep? Are D11's demanded even in the more typical situation where a client drops the solicitor?
