The right to change solicitors
We are often contacted by people asking, ‘Can I change solicitors halfway through a case?’
The short and simple answer to that question is invariably ‘yes, you can.’
We regularly take over conduct of existing legal matters in relation to:
Conveyancing
Personal injury
Inheritance disputes
Clinical negligence
Divorce
Professional negligence
So, if you are not happy with the service your current solicitor is providing and would like to change to a new one then you can do so at any time.
Things you need to consider before you change solicitors
Changing solicitors is a big step, so you need to be clear in your own mind that it is the correct thing to do.
You also need to be certain that the new solicitor is the right one for you. We would therefore recommend that you do your homework and always speak to the lawyer that will be taking over your case.
You must be clear that the change of solicitor will not have an adverse impact on the case. Where a claim is about to go to trial or contracts have been exchanged in a conveyancing transaction then a change of solicitor could prejudice your position. Where timing is sensitive then the new solicitor will need to consider whether a change is the best thing for you.
Probably the most important consideration is what effect a change of solicitors halfway through a case will have on funding.
If you are paying the legal fees on a private basis and are up to date with payments then you can move solicitors whenever you wish with very little impact on funding.
The position is similar where you are pursuing a claim that is funded by Legal Expenses Insurance. You will still be able to change solicitors and once legal proceedings have been issued your insurers cannot deny you the right to select a solicitor of your own choice.
The situation where a case is being funded on a no win, no fee basis can make it a little more complicated, but it is generally possible to change solicitors if the new solicitor agrees to make sure the old solicitor ultimately receives payment for the work they have carries out.
Reasons for someone to change solicitors
When people choose to transfer their case to us a whole range of reasons are given. These include:
The old solicitor not being available to speak on the phone
the old solicitor is not willing to switch the case funding to No Win, No Fee
Lack of progress with the case
Delay
The old solicitor retiring or the firm closing down
Loss of confidence
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