COSSIER AND OTHERS v. AVADETSI PRACTICE NOTE

JUDGMENT OF FRANCOIS J.

I reserved this matter for a ruling on the question whether counsel could unilaterally withdraw from a suit. I was concerned about the dangers inherent in permitting counsel unfettered facility to opt out of a suit. After anxious consideration, I have, however, come to the view, albeit reluctantly, that counsel may properly withdraw from a suit in certain circumstances, provided that his [p.986] client is not thereby damnified. It is conceivable for instance, that counsel may find it difficult to compromise his duties as an officer of the court with the terms of his instructions. There are a number of other occasions or circumstances which can render a withdrawal proper and valid. Anyone with the slightest acquaintance with litigation in this country and particularly with a certain category of litigants, will readily agree that lawyers are "more sinned against than sinning."

Counsel's notice of withdrawal was filed as far back as 29 April 1968. I find therefore enough time has been allowed for the affected party to secure the services of other counsel. He cannot therefore be said to be prejudiced.

It is not alleged that retainer fees have not been refunded. In any case that is a matter which can be taken up elsewhere.

I am compelled therefore to grant Mr. Doku leave to withdraw from this suit. I shall adjourn this matter for a further month to allow other counsel to be briefed.

Suit adjourned to 11 December 1968.

DECISION

Counsel’s application to withdraw from suit granted.

F.S.T.