Court Rules of Ireland

Order 7: Solicitors



1. Every solicitor whose name shall be indorsed on any summons or other originating document shall, on demand in writing made by or on behalf of any defendant who has been served with the same or with notice thereof, or has appeared thereto, declare forthwith in writing whether such summons or other originating document has been issued by him or with his authority or privity; and if such solicitor shall declare that the summons or other originating document was not issued by him or with his authority or privity all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the court.

2. (1) A party suing or defending by a solicitor shall, save in any matrimonial cause or matter, be at liberty to change his solicitor or to discharge his solicitor and sue or defend in person, and any party suing or defending in person shall be at liberty to appoint a solicitor, in any cause or matter, without an order for that purpose, upon notice of such change, discharge, or appointment being filed in the Central Office, but until such notice is so filed and a copy thereof served as hereinafter provided, no such change, discharge, or appointment shall be deemed to have taken effect.

(2) The party giving such notice shall serve a copy thereof upon every other party to the proceedings (not being a party in default as to entry of appearance).

(2A) Where such notice is given at any time in which an appeal is pending in the Court of Appeal or the Supreme Court, the party concerned shall additionally lodge a copy of the notice in the Office of the Registrar of the Court of Appeal or, as the case may be, the Office of the Registrar of the Supreme Court.

[SI 485/14]

(3) Every such notice shall state a registered place of business or address for service as prescribed by Order 4.

(4) The party giving any such notice may perform the duties prescribed by this rule either in person or (except where he intends to act in person) through his new solicitor.

3. (1) Where a solicitor who has acted for a party in any proceedings has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has ceased to act for the party, and the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the provisions of rule 2, any other party to the proceedings or (where the solicitor has ceased to act) the solicitor may, on notice to be served on the first-mentioned party, personally, or by letter addressed to his last-known place of residence, unless the court otherwise directs, apply to the court for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the proceedings, and the court may make an order accordingly.

(2) Where such order shall have been made the party or the solicitor who applied therefor shall forthwith give a notice to the same effect as the order, and the provisions of rule 2 as to filing and service shall apply thereto with the necessary modifications and subject to any direction in such order as to service on the first-mentioned party.

(3) Where the party or solicitor who applied for such order shall have complied with the said provisions then, if the first-mentioned party does not appoint another solicitor or give such an address for service as is required of a party acting in person, and comply with the provisions of rule 2, any documents in respect of which personal service is not requisite may be served on the said party by being filed with the proper officer.

(4) Where the said order is made on the application of a solicitor, such solicitor shall, subject to the provisions of rules 2 and 3 be considered the solicitor of the party to the final conclusion of the proceedings unless and until he has complied with the provisions of paragraph (2) of this rule.

4. An order under the provisions of rule 3 may be made on an ex parte application unless the court shall otherwise direct.

5. Any order made under the provisions of rule 3 shall not affect the rights of the solicitor and the party as between themselves.