Changing your solicitor during a claim
Sometimes, after instructing a solicitor, you may begin to feel they’re not providing the level of service or support you expected or need, and may be thinking about changing your legal team.
Instructing a solicitor often happens during one of the most stressful periods of your life and if you no longer feel confident in your current solicitor or team, you have the right to change solicitor at any stage of your claim.
Personal injury and medical negligence claims are complex, high-stakes matters, especially when life-changing injuries are involved. In these situations, having the right legal support is critical.
Common scenarios
Many of us won’t have experience of instructing a solicitor, still less one that will need to guide us through some of the most difficult times in life. For that reason, it’s hard to know what to expect and when to spot when things aren’t being done or done to a high enough standard.
At BBK we regularly take over cases where an injured person has been tempted to instruct their high street family solicitor for their injury claim. Unfortunately, without the necessary expertise, this can be a costly mistake.
There are a range of reasons why you might be considering a change. Some of the most common concerns we hear include:
- You rarely speak to a qualified solicitor – your case is handled mainly by junior staff or paralegals;
- Calls or emails are ignored, and you feel left in the dark;
- The person handling your claim keeps changing;
- There’s been little or no progress;
- You’ve not received interim payments, making it hard to manage day-to-day life;
- You feel your medical expert doesn’t understand the full impact of your injury, and your solicitor won’t challenge it;
- Your case manager isn’t effectively coordinating rehab, support, or care;
- You’re not confident your solicitor has the expertise or resources to progress your case properly or they aren’t investigating thoroughly;
- You’re unhappy with how your claim has been valued.
Whatever the reason, if you feel let down, you’re not alone. Many serious injury claimants switch solicitors part-way through a case.
Your decision
You are entitled to change your legal representative at any time. Your solicitor works for you, and your relationship with them should be based on trust, communication, and ultimately, results.
There’s no need to feel intimidated or concerned about making the switch. We help many clients move from previous firms with minimal disruption.
The process of changing solicitor
Switching solicitors is usually straightforward:
- Choose a new solicitor (we’re happy to speak to you informally before you decide).
- Sign a form of authority giving us permission to request your file.
- We then contact your previous solicitors on your behalf.
Although the file belongs to you, your previous solicitor may assert a right to retain the file until their costs are resolved. Our team manages this process discreetly and efficiently – you won’t need to have further contact with your previous solicitor.
What about my legal fees?
Ordinarily, your previous solicitor will agree to defer their fees until your new solicitor has concluded the claim. This allows the case transfer to happen smoothly. They will typically release the file in return for an undertaking (a formal promise) that they’ll be paid at the end of the case. We assess this on a case-by-case basis.
Less commonly, your previous firm may request payment of their fees at the point of transfer. Where this happens, we can guide you through and negotiate a way forward.
How BBK can help
We pride ourselves on exceeding our clients’ expectations. This is key to the service we provide.
You will always have a qualified solicitor in charge of your file, not a paralegal. We provide you with the direct telephone, mobile and email contact details of your solicitor. We return calls and respond to emails promptly. We work flexibly, so will be available to speak to you outside of office hours if you have any burning questions, at a time convenient to everyone. We provide our clients with regular updates through every stage of the claims process.
We do not tolerate delay from the court, from experts and especially from our opponents. If liability for your claim is not admitted or if interim payments are unreasonably withheld, we will issue court proceedings in order to obtain compensation for our clients, as soon as feasibly possible.
We instruct reputable and reliable medical experts, barristers, case managers and deputies. When choosing these individuals, we keep in mind not just their expertise, but also the likely rapport that they will have with you.
As part of our wider support service, we can also offer you assistance and/or signposting for those vital, time sensitive issues that can arise following a serious injury.
Thinking of changing your solicitor?
We know changing solicitor is a big decision. But when you’ve suffered a serious injury, it’s essential your legal team is the right fit for you. If you’re worried about your current solicitor’s service, we offer a free, no-obligation conversation – confidentially and without pressure.
Let’s talk about what’s not working, and how we might help.
Hear from our clients who decided to move their case to us
“The team have been brilliant since taking over my case from my previous solicitor. They have always made sure I had all the information and guidance I’ve needed to make the best decisions for my case. They have gone through over four years’ worth of appointments, letters and statements to build the best case for me. I couldn’t recommend Bolt Burdon Kemp enough as they have been able to secure a more promising future for myself.” – Charlie Cave
