Guidance related to Rule B4: Closing of Files
There is a professional duty upon a solicitor to advise a client
in writing that the file will be closed in the absence of his
instructions within a specific period of time.
This is clearly sound common sense in the situation where the
solicitor is sitting waiting for further instructions. There must
be some way of bringing the matter to a close so that the filing
cabinet can be cleared of dormant files, accounts can be rendered
either to the client or SLAB and both solicitor and client know the
matter has come to an end. However there are cases such as old
conveyancing transactions after the delivery of the Search and
other cases where the matter is obviously concluded where the duty
is not the same.
In cases where the matter in which the solicitor was instructed has
not come to an obvious and natural conclusion there is a duty upon
a solicitor to advise the client in writing that the file will be
closed in the absence of his instructions within a specific period
of time.
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