People often assume that once they have instructed a solicitor they are stuck with them until the case ends. You are not. If the relationship is not working — whether because of poor communication, a mismatch in approach, or simply a loss of confidence — you are entitled to change solicitors. Knowing how the process works makes the decision far less intimidating.
You have the right to change
You can change your solicitor at any point in your case. It is your case and your choice, and you do not need your current solicitor’s permission. Solicitors understand that this happens; it is a normal part of practice, and a professional firm will not take it personally.
When switching makes sense
Common and legitimate reasons include:
- Persistent poor communication or unresponsiveness;
- A loss of confidence in the advice you are receiving;
- A mismatch in approach — for example, you want to negotiate and your solicitor pushes for confrontation, or vice versa;
- A need for more specialist expertise as your case turns out to be more complex than expected;
- A breakdown in the working relationship.
If you recognise the warning signs in our guide to red flags when choosing a solicitor, switching may be the right move.
The practical steps
- Find your new solicitor first. It is usually best to identify and instruct your new firm before ending things with the current one, so there is no gap in representation.
- The new firm handles the handover. Once instructed, your new solicitor will typically write to your former solicitor to take over and request your file.
- Settle any outstanding fees. Your former solicitor is entitled to be paid for work already done. In some circumstances a solicitor may retain your file until their account is settled, so it is worth resolving fees to keep the transition smooth.
- Your file is transferred. Your papers are passed to your new solicitor, who reviews them and picks up your case.
The cost implication to be aware of
The main downside of switching is cost: your new solicitor will need time to read into your case and get up to speed, and that time is chargeable. This “getting up to speed” cost is usually modest relative to the value of being properly represented, but it is a real consideration — which is why switching is worth doing when there is a genuine reason, rather than repeatedly. If you are near the end of a case, it may sometimes be more economical to see it through, and a good prospective solicitor will advise you honestly on that.
Make the transition smooth
To keep the change as painless as possible: be clear with your new solicitor about where the case has got to and what is outstanding; make sure any imminent deadlines or court dates are known so nothing is missed; and be straightforward with your former firm about settling their account. Handled sensibly, a switch need not disrupt your case.
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Compare Solicitors →Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.