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Serving summons on solicitor

I served a Summons on a solicitor. He refused to accept the Summons. What do I do next? Any help please? Thank you.

It depends on the type of summons we are talking about here.  Is it a civil summons with a claim for compensation that you are serving on the solicitor in his or her capacity as representing the person you are suing? Or do you need the solicitor as a witness in a case and it is a summons to witness (Subpoena)?  If you are trying to sue somebody that the solicitor is representing then you have no automatic legal entitlement to serve it on the solicitor.  You must serve directly on the person who is named in the summons.  If you cannot find the person you are suing then you will have to apply to Court for an order for substituted service and the Court may direct that it be served on the solicitor. 

If on the other hand you need the solicitor as a witness to Court and you are trying to serve him with a witness summons then he is obliged to accept it if you hand it to him. 

My advise to you is to go back to whatever authority issued the summons to you for service – whether it was the District Court, the Circuit Court or the High Court office.  Ask their advice. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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