Order 54 β Change of Counsel
Rule 1 Notification of change or withdrawal of Counsel.
A notification for change or withdrawal of a counsel may be made to the Court by a party or counsel to the party as the case may be.
Rule 2 Service of notification of change of Counsel.
Where the notification is made by the counsel, the notification shall be served on all parties to the cause or matter and also on the outgoing counsel, if the outgoing counsel is not the person making the notification.
Rule 3 Where Claimant or Defendant desires to terminate services of counsel.
Notwithstanding the provisions of Rules 1 and 2 of this Order, where a party (Claimant or Defendant as the case may be) is desirous of terminating the services of Counsel and effecting a change, the Court, where it deems it appropriate and expedient, may direct as follows:
(1) that the party furnishes the Court with the full particulars and address of the new counsel taking over the matter from the out-going counsel.
(2) that the party effecting the change, forward to the counsel of the other party(ies) in the matter, copies of the notice(s) sent to the Court of the change of the said party’s counsel together with the particulars and address of the newly engaged counsel.
Rule 4 New Counsel to regularize appearance.
The in-coming counsel shall regularise such counsel’s appearance and take-over the matter by notifying the Court in writing of counsel’s engagement and exhibiting the party’s or client’s letter of instruction to that effect. Copies of this notice shall also be forwarded to the other parties and counsel in the matter.
Rule 5 Appearance of withdrawn counsel.
(1) A counsel who has withdrawn appearance for a party in a cause or matter may re-appear for the same party with the leave of Court.
Provided that the party such counsel is appearing for has notified the Court that the party has re-engaged the counsel to reappear for the party.
(2) The party re-engaging the party’s former counsel to re-appear for the party shall communicate the fact to the new counsel.
Provided that where the provisions of these rules are not complied with, the Court may summon the parties to appear before it and shall state who their counsel is or are.