Law Society of Scotland
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FAQ - Court Matters

Is it appropriate to withdraw from acting in a court matter where a motion to adjourn has been refused and I am not fully prepared to proceed?

The Inner House have been critical of a solicitor who withdrew in these circumstances G & Anor v Scanlon [1998] ScotCS 59 (6 November 1998) and it would therefore be unwise to withdraw and obtain an adjournment ” by the back door” when you have been unsuccessful with your motion, however unprepared you are to go on with the hearing. To do so would leave you vulnerable to a complaint from the bench.