Can a solicitor refuse to act for you?

Why firms turn work away

A solicitor is not a public service. There is no rule requiring a firm to take instructions from anyone who walks in, and firms decline work constantly for reasons that never reach the client.

The most common ones, in rough order of frequency:

• A conflict check hit. The firm has acted for the other side, or for someone connected to the matter.
• No expertise. The work sits outside what the firm does.
• No capacity. The department is full, or the timescale cannot be met.
• Funding. The work is not viable at the fee available, or the firm holds no legal aid contract in that category.
• Risk. The claim looks weak, the limitation date is close, or the file has already been through two other firms.
• The relationship. A prospective client who is abusive to staff at the enquiry stage will not be taken on.

None of these needs to be explained to you, though a good firm gives you a reason.

Conflicts of interest that force a refusal

Some refusals are not a choice. The SRA Code of Conduct for Solicitors makes them mandatory.

Own interest conflict. The Code states that a solicitor does not act if there is an own interest conflict, or a significant risk of one. That covers a firm with a financial stake in the outcome, a personal relationship with someone involved, or an interest of its own that pulls against yours.

Client conflict. The Code also says a solicitor does not act in relation to a matter, or a particular aspect of it, where there is a conflict of interest or a significant risk of one between two clients. This is why one firm cannot act for both sides in a divorce settlement, and why the same firm rarely acts for buyer and seller.

Instructions. A solicitor only acts on instructions from the client or from someone properly authorised to give them, and where there is reason to suspect the instructions do not represent the client’s wishes, they do not act unless satisfied that they do. That rule protects people being pressured by a relative, a partner or a business associate.

A firm that has run a conflict check and found a hit cannot take you on however much it wants to, and cannot always tell you why, because the earlier matter is confidential.

Refusals that count as discrimination

Equality law applies to solicitors as to any service provider. Refusing to act because of a protected characteristic is unlawful discrimination, and the characteristics include race, sex, disability, religion or belief, age, sexual orientation, pregnancy and maternity, marriage and civil partnership, and gender reassignment.

A firm also has a duty to make reasonable adjustments for disabled clients, so refusing because premises or processes are inconvenient rather than adjusting them is the same problem in a different shape.

This is regulatory territory rather than service quality, which means it goes to the Solicitors Regulation Authority rather than to the Legal Ombudsman. The split between the two matters here, because sending a discrimination complaint to the wrong body costs weeks.

When a firm stops acting mid-case

Ending a retainer that has started is different from declining it at the outset. The firm’s terms of business set out when it can stop acting and on what notice, and the professional obligation is not to leave you unable to protect your position, particularly close to a hearing or a deadline.

The usual triggers are unpaid bills, a conflict that emerges later, a breakdown in the relationship, or instructions the firm cannot properly follow. If it happens:

• Ask for the reason and the date the retainer ends, in writing.
• Ask for the file. Expect the firm to hold it against an unpaid bill, which is the lien.
• Deal with any court deadline first, because the court does not pause for a change of representation. The mechanics of moving firms are worth reading before you start calling around.

What to do after a firm says no

Ask the reason, then act on it.

Reason given	What it means	What to do
Conflict of interest	Structural, nothing to do with your case	Call another firm; it will be quick
Not our area	Expertise mismatch	Ask for a referral, firms usually have one
No capacity	Timing	Ask when, and whether another fee earner could take it
Funding	The work is not viable at the money available	Check legal aid, insurance and fixed fees
No reason given	Could be risk, could be a conflict they cannot describe	Try two more firms before reading anything into it

Two refusals in a row usually means a funding or expertise problem to solve rather than a verdict on your case. Five in a row is information about the case.

Refusing instructions in Scotland and Northern Ireland

The position is the same in outline. Scottish solicitors work under the Law Society of Scotland’s practice rules, which contain their own conflict of interest provisions, and Northern Irish solicitors under the Law Society of Northern Ireland’s. The Equality Act 2010 applies across Great Britain, and Northern Ireland has its own equality legislation with comparable protection. The route for a discrimination complaint differs in each, so use the regulator that authorised the firm.