How Do I Change Solicitors?

Sometimes, working with a solicitor just doesn’t feel right – maybe communication has broken down, or you’re not getting the results you expected. In situations like these, it’s understandable you will want to consider making a change. 

However, switching solicitors can feel daunting and you may be concerned that doing so could negatively impact your case. Fortunately, many people change solicitors daily, and with the proper guidance it is usually a straightforward process and there is unlikely to be any negative impact on your case. In fact, making the decision earlier on and getting the right representation is likely to put you in a much better position.

As a firm of specialist litigation solicitors we are often instructed in this context; perhaps you have started to instruct another solicitor who is a generalist, but the dispute has become more technical and beyond their expertise. Alternatively perhaps you have simply lost confidence in their ability to tactically advise you on how best to deal with your dispute. Our specialist commercial, property and construction litigation teams are happy to step in in this context.

In this post, we’ll explain what to consider before making the decision, the steps involved, and how to ensure a seamless transition without disrupting your legal matter.

Why Should You Consider Changing Your Solicitors? 

You should consider changing solicitors if you feel your current representation isn’t meeting your expectations or addressing your legal needs. The key things you need to trust your solicitor has covered when dealing with your dispute are:

• robust representation where your interests are fully and properly protected;
• clear and practical advice and guidance on the law and where you stand;
• the overall commercial position and how the risks vs rewards of your case stack up;
• the legal costs now and going forwards.

Legal representation should be based on trust; if that trust isn’t there, switching to a solicitor who better understands your needs can help get you back on track.

What Are the Common Reasons for Changing Solicitors? 

We often deal with situations where previous solicitors have not met clients’ expectations and they need to move the case to us and some of the most common reasons we have found to change solicitors are;

• Poor Communication: If your solicitor is hard to reach, takes too long to respond, doesn’t keep you updated on significant developments in your case, or ignores your wishes, it can be frustrating. It’s essential to have open communication with your legal representation; if it’s lacking, this could risk the success of your case.
• Lack of Progress: When a case seems to drag on without any apparent progress or explanation, it’s understandable to feel concerned about how it’s being handled. Delays could be a sign of inefficiency at the firm or a lack of focus on your case, and both heavily imply that it could be a good idea to move solicitors.
• High Fees: Unexpected or high legal fees that aren’t clearly explained can be a major source of dissatisfaction. If your solicitor isn’t transparent about fees or you feel overcharged, this could be a sign it’s time to explore other options.
• Mismatch in Expertise: There are a number of solicitors who have a fairly general practice, dispute resolution is a specialist area and you will need an experienced team with strength and depth if you want to get the right result. If your solicitor doesn’t have the necessary expertise, you may not receive the best representation or advice, potentially damaging your case.
• Loss of Confidence: If you’ve lost trust in your solicitor’s ability to handle your case effectively or feel like your concerns aren’t being taken seriously, it’s vital to act quickly to find representation you have confidence in.

Factors to Consider When Changing Solicitors 

It is usually easier to change solicitors earlier on and the longer you leave it the more difficult it is likely to become, particularly if your case is nearing a critical point, such as a trial or completion, it may be more complicated.

You will need to check with your current solicitor for any outstanding fees or costs, as this could affect the timing of your switch. There is also something known as a ‘lien’ where if your current solicitor is not paid their fees in full they may refuse to provide a copy of their file.

While choosing a solicitor offering the lowest rates can be tempting, cheaper doesn’t always mean better. Value for money is the primary factor to consider when selecting legal representation, so look for a solicitor who offers the right combination of expertise, communication, and service. 

It’s always worth investing in quality to ensure your case is handled correctly, rather than focusing solely on saving money upfront.

How Easy Is it to Change Solicitors? 

In our experience, providing things are dealt with properly changing solicitors is a fairly straightforward process and can be completed with minimal disruption to your case. 

Where you are considering changing solicitors we are happy to have a transparent discussion and where appropriate consider the relevant documents to try and help you make the right decision and guide you through to make the change as seamless as possible. This will usually include arranging the transfer of your case files and informing all relevant parties about the change so your case can continue without delays.

Although switching solicitors close to a court date or important legal deadline is less than ideal, it’s not impossible. Overall, as long as your new solicitor is prepared, the transition can be quick and efficient.

Does It Cost to Change Solicitors?

The cost of changing solicitors can vary depending on your situation. Typically, there are no fees for making the switch, such as penalty fees. However, there are a few costs you should be aware of:

• Outstanding Fees: Your current solicitor will require you to settle any unpaid fees before they release your case files. It’s best practice to review your contract to understand whether there are any additional charges for early termination of their services.
• New Solicitor’s Fees: Your new solicitor will likely have their own fee structure, which may differ from your previous one. Usually there will be a cost involved for reading in and understanding the background and current position. Make sure to discuss costs upfront and understand how the new solicitor charges for their services, whether on a fixed-fee basis, an hourly rate, or a no-win-no-fee arrangement.

While changing solicitors may incur some costs, the benefits of working with a solicitor who better suits your needs and provides the level of service you expect often outweigh the expense. It’s also a good idea to discuss potential costs with both your current and new solicitor before making the switch so you know what to expect.

Frequently Asked Questions

Why Would Someone Change Solicitor?

People change solicitors for various reasons, including poor communication, slow progress on their case, high fees, or a lack of trust in their solicitor’s ability. Others may seek a solicitor with more expertise in a particular area of law or want a fresh perspective to ensure they get the best possible outcome.

Final Thoughts

Changing solicitors is a personal decision that can be triggered by any reason, from poor communication to high fees or a lack of expertise. However, it’s essential to choose one who meets your needs and expectations as your legal representative will significantly impact your case’s outcome. 

If you are involved in a commercial, property or construction dispute and are considering seeking a second opinion or have made the decision to change solicitors, contact Helix Law today and we will be pleased to talk through where you are with your current case and discuss the options for how we might be able to assist in addressing any concerns you may have, so you get the practical support and advice you need to get the best outcome in your dispute.