Change of Solicitor under Order 59 of the High Court Rules 2007

Introduction
The High Court Rules of Sierra Leone provide detailed procedures for changing legal representation during civil proceedings. Order 59 specifically governs the change of solicitor and is critical in ensuring that all parties are properly notified and that the integrity of the proceedings is maintained. This study note outlines the requirements and practical considerations for a litigant wishing to change solicitors, as well as the consequences of non-compliance.

1. Locus Standi and Appearance
Once a party enters appearance through a solicitor, that appearance gives the solicitor locus standi before the court even if the matter proceeds to appellate courts. This underscores the importance of proper representation and adherence to procedural rules from the very start of litigation.

2. Changing Solicitors (Litigant Changing Solicitor)
Under Order 59, Rule 1, a party may change their solicitor at any stage of the proceedings and as many times as desired without needing leave from the court. However, until the new solicitor complies with all the formalities:

• Filing Notice: The litigant or their new solicitor must file a notice of change of solicitor in the appropriate registry.

• Lodging the Notice: A copy of the notice must be lodged with the registry. In cases where the matter is entered for trial, the notice should specify the trial venue, and an officer of the registry must forward a copy to the Master.

• Service Requirements: The new solicitor (or the litigant) must serve copies of the notice on the former solicitor and every other party who is not in default. These copies must include a memorandum indicating that the notice has been duly filed.

3. Appointing a Solicitor (Litigant Appointing Solicitor)
Order 59, Rule 2 applies when a litigant who was previously representing themselves decides to appoint a solicitor. The process mirrors that of changing solicitors:

• A notice of appointment must be filed in the registry.

• The notice must be lodged, and if the case is set for trial, it should include the trial venue.

• Copies of the notice must be served on the former solicitor and all other non-defaulting parties.

4. Acting in Person (Litigant Acting in Person)
Order 59, Rule 3 provides for a party to remove their solicitor and resume self-representation. Despite the change, the former solicitor is still recognized until the proper notice of the litigant’s intention to act in person is filed and served following the same formal requirements.

5. Removal of Solicitor at the Instance of Another Party
If a solicitor ceases to practice (e.g., due to death, bankruptcy, or disciplinary reasons) and the represented party fails to update their records:

• Any other party may apply for an order declaring that the solicitor has ceased to act.

• This application must be supported by a judge’s summons and an affidavit detailing the grounds.

• Once an order is made, the affected party must either appoint a new solicitor or file a notice of intention to act in person.

6. Withdrawal by the Solicitor
If a solicitor has ceased to act for a party but no notice has been given by the litigant:

• The former solicitor may apply to the court for an order declaring that they have withdrawn.

• This application is also made by judge’s summons and supported by an affidavit.

• The same service and registry filing requirements apply as with a change of solicitor.

• Notably, an order of withdrawal does not affect any claims of negligence or the obligation of the litigant to pay fees due for services rendered.

7. Importance of Compliance
Strict adherence to the procedural requirements of Order 59 is essential. Failure to file or serve the necessary notices may result in the former solicitor remaining on record for the litigation, thereby potentially affecting jurisdictional issues and the execution of court orders. Courts will treat any irregularities as serious breaches of procedure and may impact the outcome of the case.

Conclusion
Order 59 of the High Court Rules plays a crucial role in maintaining transparency and fairness in civil proceedings in Sierra Leone. Whether changing representation, appointing a solicitor for the first time, or opting to act in person, all parties must strictly follow the prescribed steps to ensure that the court’s records are accurate and that all parties are duly informed. This not only safeguards the rights of the litigant but also upholds the integrity of the judicial process.

Objective Questions

1. What does a party’s appearance by a solicitor confer?
   A. Personal jurisdiction of the party
   B. Locus standi for the solicitor before the court
   C. Right to appeal automatically
   D. Immediate trial scheduling

2. Under Order 59, Rule 1, can a party change their solicitor without leave of the court?
   A. Yes, at any stage and as many times as desired
   B. No, court permission is required each time
   C. Only once during the proceedings
   D. Only with leave if the matter is on appeal

3. Which of the following is a requirement when changing solicitors under Order 59?
   A. Filing a notice in the appropriate registry
   B. Obtaining a court order for the change
   C. Filing a new writ of summons
   D. Serving a notice only on the new solicitor

4. What additional information must be included in the notice if the matter has been entered for trial?
   A. The trial date
   B. The trial venue
   C. The names of all counsel
   D. The estimated duration of the trial

5. Which rule governs the process when a litigant who was acting in person appoints a solicitor?
   A. Order 59, Rule 1
   B. Order 59, Rule 2
   C. Order 59, Rule 3
   D. Order 59, Rule 4

6. If a party decides to act in person after being represented by a solicitor, which rule applies?
   A. Rule 1
   B. Rule 2
   C. Rule 3
   D. Rule 5

7. What is required if a solicitor is removed at the instance of another party due to the solicitor ceasing to practice?
   A. The party must immediately appoint a new solicitor
   B. An application by summons and supporting affidavit must be filed
   C. The case must be transferred to a different court
   D. The former solicitor’s fees are automatically waived

8. When a solicitor withdraws, what must they do to ensure the withdrawal is effective?
   A. Notify only the court verbally
   B. File and serve an order declaring their withdrawal
   C. Obtain consent from the litigant
   D. Withdraw without further action once they cease practice

9. Why is strict compliance with Order 59 essential?
   A. To expedite the trial process
   B. To prevent the former solicitor from being considered as the party’s representative
   C. To reduce the litigant’s legal fees
   D. To avoid res judicata automatically

10. What happens if the formalities under Order 59 are not complied with?
    A. The new solicitor is immediately dismissed
    B. The former solicitor continues to be recognized for the litigation
    C. The case is automatically transferred to the Court of Appeal
    D. The litigant loses their right to a trial

Answers to Objective Questions

1. Answer: B
   Explanation: A party’s appearance by a solicitor confers locus standi on the solicitor before the court.

2. Answer: A
   Explanation: Under Order 59, Rule 1, a party may change their solicitor at any stage and as many times as desired without needing leave of the court.

3. Answer: A
   Explanation: Filing a notice in the appropriate registry is a key requirement when changing solicitors.

4. Answer: B
   Explanation: The notice must state the trial venue if the matter has been entered for trial.

5. Answer: B
   Explanation: Order 59, Rule 2 governs the appointment of a solicitor when a litigant previously acted in person.

6. Answer: C
   Explanation: Order 59, Rule 3 applies when a party decides to act in person after previously being represented by a solicitor.

7. Answer: B
   Explanation: An application by summons supported by an affidavit is required to declare that the solicitor has ceased to act.

8. Answer: B
   Explanation: The solicitor must file and serve an order declaring their withdrawal to effectively remove themselves as the party’s representative.

9. Answer: B
   Explanation: Strict compliance ensures that the former solicitor does not continue to be recognized as the litigant’s representative, which could affect jurisdiction and other proceedings.

10. Answer: B
    Explanation: Non-compliance with the formalities means the former solicitor remains on record, which can impact subsequent legal proceedings.