Can I Change 'No Win No Fee' Solicitors?
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The general principle is that clients are free to choose their own solicitors.When you are tied into a conditional (no win no fee) agreement, this can seem more daunting. However, changing solicitors is your right and when handled properly, should not be problematic.
It is actually more difficuly for solicitors than for their clients. In a recent case, The court considered a case where a no win no fee agreement was entered into between a client and their solicitor in February 2012. The solicitor's firm went insolvent, and the client's case was transferred to a new firm. The old firm tried to transfer the no win no fee agreement to the new firm. The client was told about the assignment, and was told that they could instruct the new firm.
The client's case settled, after they accepted and offer from their opponent. The Defendant refused to pay the costs of the second firm of solicitors who had acted in the case. The Court agreed with the Defendant, found that the assignment of the no win no fee agreement was a breach of the rule against assigning personal contracts. The second firm of solicitors were therefore not able to recover their costs.
This decision highlights the importance to choosing the correct solicitor to act for you. It also reminds clients that if you are not happy with your solicitor, changing should always be considered.
Samuels Solicitors, based in Devon, have an excellent reputation for litigation and dispute resolution services. Our particular specialism lies in dealing with professional negligence cases, against solicitors, accountants and surveyors.
Contact us today for a free discussion about how we can help.