Can I Change My Solicitor?
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If you feel that your best interests are not being protected or you are simply not happy with your solicitor, there is no need to worry. The good news is that it is possible to change your solicitor, even halfway through your case.
At the end of the day, you want to make sure that your case is in the right hands. Our solicitors in Birmingham, Northampton or London will live up to your expectations and ensure that the transition is as smooth and stress-free as possible. Simply give us a call today to find out if we can take over your case.
Why Change?
It is fair to say that changing your solicitor is never a decision that should be taken lightly. But if you feel that your solicitor’s actions may negatively affect the outcome of your case, it is only natural that you want to seek legal advice from someone else.
In some cases, changing your lawyer may do more harm than good. After all, you may experience more delays because your new solicitor needs to redo your old solicitor’s work. Not to mention, you may have to pay two sets of solicitor fees. That is why it is important to think about the potential implications before you make a final decision.
What are the Main Reasons for Changing Solicitors?
There are a number of reasons why you may decide to transfer your case to another solicitor, including:
- The solicitor is not responding
- There are delays with your case
- There has been a lack of progress with your case
- The firm is closing down
- The solicitor was negligent
- The solicitor is retiring
- You have lost confidence in the solicitor
- You are having trouble contacting the solicitor
- You are unhappy with the service being provided
- Your case is being handled by someone who is unqualified
What is the Procedure for Changing Solicitors?
The process of changing your lawyer is straightforward. You simply need to find a new solicitor that you trust to take over your case. You will then need to sign a form of authority, which allows your new solicitor to obtain your files from your previous solicitor. In most cases, your old solicitor will release the files, allowing your new solicitor to pick up where they left off. However, some solicitors will ask you to pay any outstanding fees before they release your files. This is because solicitors can exercise a lien over your file.
It is also worth noting that things can get even more complicated if you have a no-win, no-fee agreement with your old solicitor. In such cases, it makes sense to get advice from your new solicitor before informing your previous solicitor that you do not wish to work with them anymore.
How We Can Help
At Witan Solicitors, our team specialises in every area of the law, including disputes and litigation, employment, family law and property. With over 30 years of experience under our belts, you can rest easy knowing that we will provide you with the legal advice and support you deserve. We excel at achieving the best outcomes for our clients and assisting those who are unhappy with the services being provided to them.
Our legal experts excel at identifying any mistakes that your previous solicitor may have made. If necessary, we will help you make a professional negligence claim against your previous solicitor for damages. If you want to change your solicitor, contact us today to discover how we can assist you.
Things to Consider
Transfering your case to a new lawyer is a big step. That is why you need to be certain that you are not only doing the right thing but you are also choosing the right solicitor to take over your case. Part of this process will involve learning about the expertise and track record of your potential new solicitor.
Not to mention, changing your solicitor may have a negative impact on your case. For example, if contracts have been exchanged and you are approaching completion or your claim is about to go to a final hearing, changing your lawyer could prejudice your position. Similarly, if any deadlines are fast approaching, it is advisable that you do not change your lawyer unless you have to. After all, this may cause delays and mean that you have to pay financial penalties if deadlines are missed.
Equally, you need to consider the potential impact on funding. Moving solicitors should not be too much of a problem if your claim is funded by legal expenses insurance or you are paying the legal fees privately and you have made all of the necessary payments. However, if your case is being funded on a no-win, no-fee basis, your new solicitor will need to make sure that your previous solicitor is paid for the work they have done or provide an undertaking to do so at some point.
Transferring Your Case
If your case has only just begun, the process of moving solicitors will likely be very simple. But if your case is quite far down the road, your old solicitor will need to agree to send your files to your new solicitor and sign a form of authority. Thankfully, our team will handle this process for you.
In cases where there are outstanding legal fees, your old solicitor has the right to hold on to your files. If you cannot pay the fees immediately, your new solicitor may be able to come to an agreement with your previous solicitor that they will be paid on a specified date or once your case is over.
If your old solicitor’s firm has closed down, another firm will take on the responsibility of managing the transfer of files to your new solicitor’s firm.
Do I Have to Pay If I Switch My Solicitor?
If you have not paid your solicitor for the work they have done so far, you may have to pay the outstanding fees before switching solicitors. This will depend on the terms of the agreement that you signed. The good news is that we specialise in reading legal documents and will help you establish your legal costs.
It is possible to argue that you will not pay the old solicitor due to their terrible service. But it is important to get a written agreement from them. This will prevent them from trying to charge you at a later date.
Even if your old solicitor has retired or closed down, you may still have to pay for the work they have done. Therefore, it is important to read the agreement you signed carefully.
Your old solicitor may charge you a fee for passing on your files to your new solicitor. You also need to keep in mind that some firms work on a no-win, no-fee basis. This means that they will not charge you if the work on your case is not complete due to reasons outside of your control.
Is it Easy to Change Solicitors?
To avoid delays, additional fees and duplication of work, it is important to switch your solicitor as early on as possible. Generally, it is more challenging to move solicitors if:
- Contracts have been exchanged
- Your case is going to a final hearing
- Deadlines are approaching which require substantial amounts of work
If the power is taken out of your hands and your old solicitor can no longer act for you, it is worth seeking advice from a legal expert early to see if you can get compensation.
What Else Can I Do If I’m Not Happy with My Solicitor?
If you are unhappy with the current level of service, you should try to complain to a senior partner at the firm. If they understand the situation, they will provide you with reassurance that the solicitor working on your case will improve their level of service.
Alternatively, you can ask for another solicitor in the firm to handle your case. It is important to come to an agreement with the firm about the level of service that you expect. If things do not improve, it may be time to move solicitors.
If you are looking for a new solicitor to handle your case, contact us today to discover how we can protect your best interests.
What is the procedure for changing solicitors?
Firstly, you need to find a new solicitor to take over your case. Once they have agreed to handle your case, they will ask you to sign a form of authority. They will then contact your old solicitor to obtain your files. You may have to pay any outstanding fees before the files are released.
Is it expensive to move solicitors?
This will depend on the progress of your case and how much work your current solicitor has done. While you may have to pay extra fees if you change your solicitor, you may not have to pay any penalties as long as deadlines are met.
What to do if you are not happy with your solicitor?
Before switching solicitors, you should speak to your current solicitor about why you are not satisfied with their current level of service. If things do not improve, it is wise to explore your other options.
Can I change solicitors halfway through a case?
Yes. It is possible to move solicitors at any point during your case. However, this may have a negative impact on your case, depending on how far along you are.
What will happen if a solicitor is holding money for me?
If your current solicitor is holding money for you, these funds should be transferred to your new solicitor upon request. After all, this money is usually held in a separate bank account (client account), making the process straightforward. If you are in the process of purchasing a property and the solicitor has already received the mortgage advance but completion has not taken place, the solicitor should return the funds to the lender as soon as possible. In the event that the firm shuts down, your new solicitor will need to make agreements for the funds to either be sent to you or them. Similarly, if the firm shuts down after completion but before a transfer registered or stamp duty has been paid, you will need to instruct another solicitor to take care of this.
What if my firm of solicitors is closed down?
If your solicitor’s firm closes down, the Solicitors Regulation Authority (SRA) or the Council of Licensed Conveyancers (CLC) will arrange for another firm to safely hold all client files. This firm will contact all impacted clients and ask them how they would like their documents to be handled. Usually, clients will instruct a new solicitor to take over their case. The firm will also trace any money that was held by the firm and return the funds to clients.
