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42.05  Notice Of Discharge Of Solicitor

This form, the Notice Of Discharge Of Solicitor (Form 42.05), officially notifies the Courts Service of Ireland about a change in legal representation. Use it when a solicitor is formally stepping down or being removed from representing a client case.

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Form Overview

42.05  Notice Of Discharge Of Solicitor

This form, the Notice Of Discharge Of Solicitor (Form 42.05), officially notifies the Courts Service of Ireland about a change in legal representation. Use it when a solicitor is formally stepping down or being removed from representing a client case.

It captures details about the specific solicitor being discharged and the case they are leaving. It confirms when the discharge officially takes effect.

Risk Radar

  • The most common error is failing to provide the exact date of discharge.
  • Using an old case number from a previous matter.
  • Omitting the solicitor's professional registration number.
  • Failing to specify whether the discharge is voluntary or by order.
  • Submitting the form before the client has formally instructed the change.

Plain English

If your lawyer (solicitor) stops working for you, this form tells the courts. It's basically an official announcement that signals a change in who is handling your legal matter within the Irish court system.

Submission Date

  • There is no fixed deadline listed on the form itself, but submission should happen immediately following the formal agreement or instruction for discharge.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • A solicitor is formally stepping down from representing your case.
  • The client (or another party) needs to notify the courts that their previous legal representative has ended their duties.
  • Use this when there is a formal discharge, not just an informal agreement to stop working together.
  • It serves as official notification to the Courts Service of Ireland.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Change of Solicitor (but still retained)Not confirmed in official sourceIf the solicitor is changing but remains on retainer, check if a different form covers this.Check the specific case requirements first.
Appointment of New SolicitorCourts Service Form 42.05 (or related)This form documents the *leaving*, so you need one to document the *arrival* of new representation.Ensure both discharge and appointment notices are filed.
Withdrawal by ClientNot confirmed in official sourceIf the client decides to stop legal help entirely, this might be a variation of 42.05.Confirm if the solicitor is being discharged or simply letting go.
Instructing New Solicitor (by Court Order)Courts Service Form 42.05This form confirms the discharge that happened as part of a court directive.Verify the order date matches your notification date.

Deadline or filing window

There is no fixed deadline listed on the form itself, but submission should happen immediately following the formal agreement or instruction for discharge.

Before you submit

  • The solicitor who is being discharged must sign the form.
  • The client (or instructing party) signature is mandatory.
  • All dates mentioned on Form 42.05 must be accurate.
  • Ensure you have filled in the correct Case Number/File Reference number.
  • Verify that the name and address of the solicitor being discharged are complete.
  • Confirm the exact date the discharge takes effect.

How to file this form

  1. 1Complete all fields on Form 42.05 clearly using black ink.
  2. 2Sign and date the form in the designated signature blocks.
  3. 3Submit the completed form to the relevant Courts Service office handling your case.
  4. 4If instructed, send a copy to the opposing solicitor involved in the matter.
  5. 5Keep a signed copy for your own records.

Known limitations

  • This form only notifies; it does not automatically change the court record until processed.
  • The specific requirement of which Courts Service office receives the form depends on where your case is heard.
  • It does not guarantee acceptance by the judge or registrar, though it is the official notification method.
  • Not confirmed in official source: There might be a supplementary declaration needed depending on the jurisdiction within Ireland.

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Current Form Status

This is the standard notification document for a solicitor leaving representation. It officially informs the Courts Service of Ireland about this change.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check for updates to required signatory fields.
  • Verify if any specific case type (e.g., civil vs. criminal) requires an additional annexure.
  • Confirm the current official version number listed on the form itself.
  • Look at the date of the last revision mentioned on the document.
  • Ensure all required boxes for 'reason for discharge' are present and legible.

Quick Facts

The solicitor themselves, or their firm on behalf of the client, needs to file this notice.
It captures details about the specific solicitor being discharged and the case they are leaving. It confirms when the discharge officially takes effect.
Submit this form as soon as the decision to discharge has been made or agreed upon by all parties involved.
Submission is typically done through a designated online portal managed by the Courts Service of Ireland, though postal submission remains an option.
Correct filing ensures the court knows who is responsible for your case. Errors can lead to delays or confusion regarding who should be receiving official court documents.
First, ensure you have the solicitor's full details and the relevant case number ready. Fill in all sections clearly using black ink. Then, sign the form where indicated before submitting it via the Courts Service portal.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

42.05  Notice Of Discharge Of Solicitor

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After you file

  • Obtain proof of submission (e.g., stamped copy or email confirmation).
  • Inform your new solicitor immediately that 42.05 has been filed.
  • Check the court file periodically to confirm receipt of Form 42.05.
  • If necessary, follow up with the Courts Service clerk if you do not see evidence of discharge within a set timeframe.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Name: Notice Of Discharge Of Solicitor
  • Form Number: 42.05
  • Purpose: Official notification of solicitor departure from a case.
  • Not confirmed in official source: Specific guidance on filing deadlines across all Irish courts.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Discharge' with 'Retirement': Discharge means they are leaving *your* case; retirement is them stopping practice entirely.

  • 2

    Not knowing who signs: Usually, the discharging solicitor and the client sign. Check your specific instructions.

  • 3

    Mistaking it for a simple letter: A formal letter might suffice initially, but 42.05 is the official court document.

  • 4

    Forgetting to include the Case Number: Without this, the Courts Service cannot link the notification to your file.

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