You may switch solicitors at any point for your personal injury claim, employment action or will or executry matter. You may do so when you feel that your current firm is no longer fulfilling your expectations or have lost confidence in the way your case is being conducted and therefore can have confidence in switching to another lawyer. If your new solicitor is on a 'no win, no fee' basis then it shouldn't cost you anything to make the changeover.

Thompsons Solicitors can be of assistance when you need to make the transition from one lawyer to another. This can be even more useful when your matter is very nearly at the end stage of litigation.

David Adams

Equity Partner

David Adams

Equity Partner

"You only get one opportunity to pursue a claim for compensation arising from an accident, and you have to make sure that when you do that, you get the best possible agents." 

Common reasons for changing solicitors

There are many different reasons that you might need to change solicitors. Some of the more common ones we see at Thompsons are poor communication. This may be because the solicitor simply does not return your calls or does not let you know how things are progressing with your case.

Communication is the heart of the relationship between you and your solicitor so if this ceases to exist then it is perfectly reasonable to think about ending your relationship. Slow progress is also very frustrating. It is not uncommon to have weeks pass by without knowing what is happening with your case, leaving you to wonder whether any progress is being made.

You may also need to change solicitors if you lose confidence in your current solicitor. This may be because you do not trust them to do a good job, or because you disagree with the advice that you have been given.

Very few people are aware that you do not have to keep the solicitor nominated by your insurer, you can choose your own. This is particularly important where your insurer has nominated a solicitor who is inexperienced in the specific area of law related to your claim. For example, if your insurer has nominated a firm who only deal with small whiplash claims, they are not likely to be experienced enough to handle a complex medical negligence claim.

Your case could be in the hands of an unqualified member of staff, such as a claims handler, litigation executive or paralegal rather than a qualified solicitor.

In some instances the solicitor involved in your case might go into administration. You are not obliged to stay with your solicitor, if they fail to maintain a minimum standard of professionalism, courtesy and politeness, you are entitled to look elsewhere for alternative legal advice. A specialist solicitor is worth waiting for.

If you have been involved in an accident or suffered an industrial disease it can only be advantageous to have someone on your side with extensive experience handling these claims.

How to change solicitor — step by step

Regardless of what stage your claim has reached you can change solicitors if you are unhappy with the service provided. Contact us on 0800 0891 331 and tell us about your accident and injury. Our solicitors will decide whether you have a good claim and tell you the best way to proceed.

If you want to instruct a Thompsons personal injury lawyer, we will ask you to sign a mandate, sometimes called a form of authority. It authorises us to get your file and papers from your original solicitor. We send the mandate to your original solicitor and they will release the papers to us.

Your original files and papers are not theirs — they are yours. Once this has been done we will begin work on your compensation claim. You do not have to notify your former solicitor before entering into a new agreement with us.

Your new solicitor deals with the old solicitor directly.

How much does it cost to change solicitors?

You won't have to pay a penny if you decide to change to a firm working on a no win, no fee basis. You still have to pay your initial solicitor for the work done so far, but this bill comes to us and is included in your no win, no fee package. We will terminate your current funding agreement with the previous law firm and establish our own no win, no fee arrangement with you.

It is comprehensive, and the only time we might delay is when we have to get hold of your personal injury claim file and other documentation from the original firm. They can keep hold of it until they get paid, but they can't hold onto it forever. When you change solicitors at any stage in the process, the practical effect is simply that you will have a different firm dealing with your claim.

What happens if your solicitor's firm closes down?

Very few law firms go out of business but it does happen, and it will certainly make the headlines if it does. If it happens to you whilst you have a claim registered with the law firm, don't panic. All law firms are regulated by the Law Society of Scotland and arrangements are in place to ensure you are looked after.

Your first port of call should be the Law Society who will know what is happening to the firm and who you should now contact. Finding a new solicitor quickly should then be your priority. No matter what stage your claim is at, Thompsons can make the transition process as easy as possible.

Frequently asked questions

Start your compensation claim now. Call us on 0800 0891 331 for no win, no fee help and advice.