Can I change solicitors during my case?
It is an established principle of English law that you can instruct whatever solicitor you choose. You can therefore change solicitor after a case has started, if you want to.
Why change solicitors?
There are many different reasons why you might want to change your solicitor. Common complaints about solicitors are:
- your solicitor is too slow;
- your solicitor is never available by telephone;
- your solicitor does not respond to emails or letters;
- you do not believe that your solicitor is progressing your matter;
- your solicitor has charged too much;
- your solicitor was criticised by a judge;
- you no longer trust your solicitor;
- you disagree with the advice your solicitor has given you; or
- your solicitor does not understand your case.
If any of these apply to you, you should seriously consider changing your solicitor. A solicitor cannot make you stay with them as their client and you are free to take your case to whoever you think will deal with it properly for you.
If you are dissatisfied with your solicitor, you can therefore instruct someone else to take over the case for you at any stage. If you want to get a second opinion, you can instruct another solicitor, and you don't need to tell your original solicitor about it, if you don't want to.
How to change my solicitor
If you want to change solicitor, we can help. You simply have to sign a form to confirm that you want your files to be transferred to your new solicitor. We can provide you with a copy of the form that you need.
The old solicitor should provide the files to your new solicitor very quickly. In many cases, solicitors will have electronic rather than paper files, that can be sent to the new solicitor instantaneously.
In some circumstances your old solicitor may require payment before they will release their files, but if you think that they have been negligent, they may be willing to release the files to you without paying their fees.
If your solicitor has been negligent, you may be able to claim back damages and the extra costs you have incurred, from your old solicitor and that is something that we will be able to advise you about, when we see your old solicitor's files.
How Samuels can help
We are experts in assisting clients who want to change solicitors. We have several niche areas of expertise, including professional negligence claims, disputes about boundaries, and reputation management issues such as libel and slander claims. It may be that the solicitor you instructed does not have the necessary expertise, which is why your case is taking too long, or you are being charged too much, but we can help.
If you are unhappy with your solicitor, remember, you are free to go to a new solicitor at any stage, so contact us today for a free no obligation discussion about how we can help.