How to remove solicitor on record
Can you represent yourself in court in Ontario?
In Ontario, you have the legal right to represent yourself in most courts including family court. You also have the right to fire your lawyer at any time. You have the full authority to dismiss them and do not need to provide a reason. You can do it verbally although it is better to do it in writing.
How to notify your lawyer that you no longer need their services?
First, notify your lawyer in writing that you no longer want them representing you.
Send them a clear and professional letter or email keeping it specific, concise and polite.
Also, review the retainer agreement for details about terminating their services.
Example Letter:
Re: Termination of Legal Services
Dear Lawyer,
I am writing to formally notify you that I am terminating our legal representation agreement effective immediately.
Please cease all work on my behalf and provide me with a complete copy of my case file and a final invoice detailing any outstanding fees.
Kindly provide my case file by Google drive or dropbox.
Please email me the final invoice.
Thank you.
Send the email with a read receipt is advisable to ensure proof of delivery.
How do you go about removing your lawyer on record with the court to self-represent?
In order to remove your lawyer from record and self represent, you must serve your lawyer and the other person’s lawyer that is involved in the case a Form 4 which is called “Notice of Change in Representation”. This form contains the information of how you can be contacted as a self-represented litigant. After serving all parties (including your previous lawyer), this form together with an affidavit of service (Form 6B) which must be commissioned are filed with the courthouse.
When is it mandatory for a lawyer to remove themselves as solicitor of record?
It is mandatory when:
- Lawyer is fired by the client
- Lawyer is not competent to continue to handle the matter
- Client’s instructions require licensee to act contrary to Law Society or by-laws
Can I get a copy of my records from the lawyer?
First you have to pay any outstanding invoices. The lawyer is legally obligated to give you a copy of your file. You can pick up a memory stick or request they send it digitally.