It is sometimes necessary or desirable to change law firms partway through a personal injury or clinical negligence claim for compensation. This article explains when this may be appropriate and how to go about it if you decide you wish to move firms.
Why would I change solicitor?
Whilst most people are happy to stay with their original firm from start to finish, there can be good reasons for considering a change of representation. Although you can only instruct one solicitor at a time for a personal injury or clinical negligence case, it is relatively straightforward to change firms during the lifetime of a claim if you decide you want to.
Here are some examples of the reasons why clients decide to change firms:
- Dissatisfaction with the standard of service, such as slow response times or a lack of regular updates
- Dissatisfaction with the quality of legal advice provided or an irreconcilable difference of opinion about an aspect of the case
- Breakdown of the relationship with the solicitor acting for you
- Mistake or professional negligence on their part, which means it is no longer appropriate they act for you and you need to seek representation elsewhere
- Conflict of interest
- Personal circumstances, such as a change of location and wishing to change to a firm nearby
What should I consider before changing solicitor?
If you feel comfortable doing so, we recommend you speak to your current solicitor about the issues and give them a chance to explain, or to see whether things can be handled differently going forward. Sometimes this may be all it takes for the relationship to be restored; however, if you remain dissatisfied, then it’s wise to consider alternative representation promptly.
Ensure you have a conversation with the new solicitor you are looking to instruct before deciding to change. That way, you can find out whether they feel able to offer improved services, or that they feel able to do things differently from the other firm.
Generally, it’s best to move as quickly as possible, especially if any key deadlines are approaching, such as limitation or court directions. Be sure to let your new solicitor know of any key information, such as this, when approaching them about acting for you.
How do I change solicitor?
If you are considering moving firms, then we recommend you take time to research your new firm carefully. Read our article on choosing the right firm for you.
Switching solicitors is a straightforward process. Once you have decided who you would like to take the case over, contact them as soon as possible and explain your
situation to them. They will be able to take care of the arrangements for requesting your file of papers from the previous firm. This will ensure a smooth handover and minimise any impacts on the progression of your case.
You do not need to speak to your previous solicitor about deciding to change or to give them any explanation for doing so, if you do not wish to. It is your decision and, once made, your new firm will be able to liaise with the new firm on your behalf to arrange a smooth handover of the case information.
Are there any cost implications for switching firms?
In the vast majority of cases, the new firm can be instructed on mirror terms to the original firm, so you won’t lose out by changing firms.
This is something that your potential new solicitor can confirm when you first approach them about taking the case on.
To find out more information about the claims process, please visit our dedicated limb loss claim page.
Ali Batchelor, Partner
RWK Goodman
