# The Family Procedure Rules 2010, Rule 26.2: Change of solicitor – duty to give notice


(1) This rule applies where—
(a) a party for whom a solicitor is acting wants to change solicitor;
(b) a party, after having conducted the application in person, appoints a solicitor to act for that party (except where the solicitor is appointed only to act as an advocate for a hearing); or
(c) a party, after having conducted the application by a solicitor, intends to act in person.
(2) Where this rule applies, the party or the party's solicitor (where one is acting) must—
(a) serve notice of the change on—
(i) every other party; and
(ii) where paragraph (1)(a) or (c) applies, the former solicitor; and
(b) file notice of the change.
(3) Except where a serial number has been assigned under rule 14.2 or the name or address of a party is not being revealed in accordance with rule 29.1, the notice must state the party's new address for service.
(4) The notice filed at court must state that notice has been served as required by paragraph (2)(a) or, where rule 2.4 applies, in accordance with the court's directions given under that rule.
(5) Subject to paragraph (6), where a party has changed solicitor or intends to act in person, the former solicitor will be considered to be the party's solicitor unless and until—
(a) notice is filed and served in accordance with paragraph (2)(a) or, where rule 2.4 applies, in accordance with the court's directions given under that rule; or
(b) the court makes an order under rule 26.3 and the order is served as required by paragraph (3) of that rule.
(6) Where the certificate of a legally aided person (in this rule “C”) is revoked or withdrawn–
(a) the solicitor who acted for C will cease to be the solicitor acting in the case as soon as the retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012; and
(b) if C wishes to continue—
(i) where C appoints a solicitor to act on C's behalf, paragraph (2) will apply as if C had previously conducted the application in person; and
(ii) where C wants to act in person, C must give an address for service, in accordance with rule 6.26, unless the court directs otherwise.
(7) In this rule—
...
“certificate” means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012; and
“legally aided person” means a person to whom civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) have been made available under arrangements made for the purposes of that Part of that Act).
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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/26.2 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-26.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.