Can I Change My Solicitor (and How Do I Do It)?
Why Change Your Solicitor?
There are many reasons why a party might consider changing solicitors. For example, the service being provided may not be acceptable, the costs may have increased beyond what was expected, or the nature and complexity of the dispute may have changed in a way that goes beyond the specific expertise of the existing solicitors.
Changing Solicitor Before Litigation has Commenced
A solicitor may advise a party in the background, helping that party to understand its legal position and possibly drafting correspondence for the party to send in its own name. This is particularly common in the early stages of a dispute, before any litigation proceedings have been started.
Similarly, a solicitor may advise a party and also represent that party in dealings with others. In this scenario, it is the solicitor who sends and receives correspondence in the solicitor’s name, on behalf of his client.
If a party wishes to change solicitor in either of the above scenarios, there is little formality required. The party simply needs to inform the other party (or that other part’s solicitor) that one solicitor is being replaced by another.
Changing Solicitor Before Litigation has Commenced
However, if litigation has already commenced, then there are specific rules which apply and which must be followed where a party wishes to change solicitors.
The rules are contained in Part 42 of the Civil Procedure Rules.
Summary of the Rules
Filing and Serving Notice:
When a party decides to change their solicitor after litigation has commenced, that party (or their new solicitor) must file a "notice of change" with the court and serve this notice on all other parties involved in the case.
The notice should include the new solicitor’s address for service (which is where official documents will be sent thereafter).
Using the Correct Form:
Typically, a form N434 is used to give notice of the change. The notice must be filed in the court where the case is being handled.
Order Declaring a Solicitor Has Ceased to Act:
If a solicitor needs to stop acting for a client and there hasn’t been a notice of change filed by that client (or its new solicitor), the outgoing solicitor can apply to the court for an order declaring that they have ceased to act. This application must be supported by evidence and served on the client.
Former Solicitor’s Status:
Until a notice of change is filed and served, the former solicitor is still considered the acting solicitor. This means they remain responsible for the case, including receiving documents and acting on behalf of the client.
Address for Service:
After the change, the new solicitor’s business address becomes the address for service. This is where all legal documents related to the case will be sent.
Handling of Client Papers:
The outgoing solicitor might have a lien over the documents relating to the claim (i.e. a right to keep possession of the client's papers until payment of outstanding fees is made). The court can order the papers to be handed over to the new solicitor with a condition to preserve the former solicitor’s lien.
Therefore, whilst a change of solicitor can be used to prevent further fees accruing with an outgoing solicitor, it does not provide an opportunity for a party to avoid paying fees already accrued.
Death or Insolvency of a Solicitor:
If a solicitor dies, becomes insolvent, or ceases to practice, and no notice of change has been given, another party involved in the case can apply to the court for an order to declare that the solicitor has ceased to act.
Changing solicitors after litigation has commenced is a structured process that involves notifying the court and all parties involved in the case. The change is official only when the correct notice is filed and served. The former solicitor remains responsible until these steps are completed. Failing to follow these rules can lead to complications, including potential delays in the legal process.
If you are considering changing your solicitor, contact Hamshaw today to discuss both advantages, disadvantages, strategic timing, and the correct way to proceed.