- Joined
- Feb 25, 2015
At least here in Canada, yes, it is not easy to just drop a client. You have to make a motion or application to remove yourself as counsel. I have also dealt with situations like this and in essence, a lawyer would choose to end representation due to the client unwilling to accept the legal advice that the lawyer believes is in the client's best interest. In the couple times I dealt with it, it was a case where the defendant offered to settle for XXX dollars and the offer was fair and appropriate given the evidence, yet the client wanted more and refused to fight all the way to trial, even though the likelihood of winning at trial was nil.
So, if these guys want to get out, they would have to show the court that Russell refuses to accept their guidance on how to proceed and thinks he knows better than what his lawyer is advising. If they said for example it was in Russ' best interests to get the defence to agree to not seek costs against him if he dismissed his legal proceeding, but Russ wanted to keep going. That would be a situation where Russ' counsel could say the solicitor/client relationship has broken down because Russ won't follow the legally sound and appropriate instructions from his counsel and refuses to resolve it in any manner unless the resolution is getting exactly what he wants, regardless if he has no hope in hell of obtaining a decision or compensation in his favour.
So, if these guys want to get out, they would have to show the court that Russell refuses to accept their guidance on how to proceed and thinks he knows better than what his lawyer is advising. If they said for example it was in Russ' best interests to get the defence to agree to not seek costs against him if he dismissed his legal proceeding, but Russ wanted to keep going. That would be a situation where Russ' counsel could say the solicitor/client relationship has broken down because Russ won't follow the legally sound and appropriate instructions from his counsel and refuses to resolve it in any manner unless the resolution is getting exactly what he wants, regardless if he has no hope in hell of obtaining a decision or compensation in his favour.
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