Moving a Criminal File
Here we explain the procedure for moving a criminal file
When the relationship has broken down and you want to change solicitor. Either you are not getting the response you need or you find things are just too slow and do not get an explanation as to why. If you wish your file to be continued by Phelim O'Neill solicitors you’re entitled to remove your file from your previous solicitor. The most important thing to remember is the file belongs to you the client.
If your matter is being dealt with under the Criminal Legal Aid Scheme the procedure is as follows:
- You sign an Authority in our office which simply states that the firm of Phelim O'Neill Solicitors are authorised to take over the file previously held by your old firm.
- You need never go back to the first solicitors once you sign that authority and all further transactions can be dealt with by the second firm on your behalf.
- The file transferred should include all correspondence and documents prepared for the benefit of you however any documents prepared by the solicitor for their own benefit for which he hasn’t charged for can be kept. The file should also contain any disclosure received from the prosecution.
- If you have already been charged it is necessary for Phelim O'Neill solicitors to apply to the court to come on record and have the legal aid assigned to our.
Remember it is your only case……. your solicitor may have many cases. If you feel you’re not been treated fairly it is up to you to decide who is the best person to deal with your case.