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Death of a Solicitor

Clients may have a variety of difficulties with a solicitor. (See HERE on the topic of changing solicitors).

What if the solicitor dies?

What will happen to your litigation, say?

Possibly, nothing adverse. If your solicitor was in a partnership, another partner will continue running the action. (This might be a benefit rather than a disadvantage; not all solicitors are talented).

If your solicitor was a sole practitioner you are in trouble. You will need to change solicitors. (Strictly speaking, this is untrue; on the death of your sole practitioner solicitor you do not have a solicitor). You will need to find a new solicitor.

That solicitor will need to negotiate the transfer of the file. This might be straightforward or it might not be. See HERE about solicitors’ liens.

Once possession of the file is lost, so is the lien. When the file comes into the possession of the new solicitor he/she may file a Notice of Change of Solicitor in the Central Office of the High Court. There is a stamp duty on the Notice of €22.00.

The solicitor then serves this on the solicitor of the opponent and proceeds with the litigation.