LEGAL GUIDE · ENGLAND & WALES
Yes — you have the right to change your personal injury solicitor at any point during your claim, for any reason. You are not locked in. If you are unhappy with the service you are receiving, concerned about the progress of your case, or have simply lost confidence in your current firm, you can instruct a new solicitor to take over.
Switching solicitors is more straightforward than many people expect, but there are practical and financial considerations to understand before you make the move. This guide explains how it works, what it means for your No Win, No Fee agreement, and what to look for in a new solicitor.
Your right to change: The Solicitors Regulation Authority (SRA) confirms that clients have the right to terminate their solicitor’s retainer at any time. Your current solicitor cannot refuse to release your file, though they may have an entitlement to charge for work done to date.
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There is no single threshold that justifies switching solicitors — it is entirely a matter of your confidence and satisfaction. The most common reasons include:
Before you formally end the relationship with your current firm, speak to a new solicitor. They can review the position of your claim, advise whether it makes financial sense to switch at this stage, and manage the transfer process for you. NJS Law offers a free review of claims handled by other firms — with no obligation to transfer.
Write to your current solicitor informing them that you are terminating the retainer and instructing a new firm. You do not need to give a reason, though it can be courteous to do so. Ask them to transfer the file to your new solicitor and to account for any funds held on your behalf.
Your old solicitor is obliged to transfer your file to your new solicitor promptly. They may exercise a solicitor’s lien — a legal right to retain copies of the file until any outstanding fees are settled. In practice, where the claim is ongoing under a No Win, No Fee agreement, the outstanding fees are typically dealt with at the end of the claim rather than immediately on transfer.
Your new solicitor will review all documents, correspondence, evidence, and procedural steps taken to date, and pick up the claim from where it stands. There should be no gap in the conduct of your case provided the transfer is managed properly.
This is the most important practical question when switching solicitors. Most personal injury claims are conducted under a Conditional Fee Agreement (CFA) — No Win, No Fee. When you change solicitors, two separate CFAs are potentially in play:
Your old solicitor will typically have a contractual right to be paid for the work they have carried out, subject to the terms of the original CFA. In most cases, they agree not to charge you immediately — instead, they register a charge against any final damages you receive. The exact entitlement depends on the terms of your original agreement. Your new solicitor will review this as part of taking on your case.
You will enter into a new CFA with your new solicitor. Their success fee is agreed at the outset. Both success fees together must not exceed the maximum deduction from your damages — 25% of your general damages and past financial losses (excluding future care and future loss of earnings) under the Damages-Based Agreement rules.
Get clarity on costs upfront: Before transferring, ask your new solicitor to explain clearly what the combined effect of both CFAs will be on your final compensation. A reputable firm will be transparent about this and will only take on your case if the switch makes financial sense for you.
A smooth transfer should cause minimal delay. Your new solicitor will need time to review the file and get up to speed — typically a few weeks — but there should be no significant setback to the progression of your claim provided the handover is managed properly and no procedural deadlines are missed in the transition period.
Your new solicitor should check immediately whether any limitation deadline, court deadline, or response period is imminent, so that nothing is missed during the transfer.
In a small number of cases, switching solicitors may not be in your best interests:
A good new solicitor will be honest with you about all of these factors. If it is not in your interests to switch, NJS Law will tell you so.
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Yes. You have the right to terminate your solicitor’s retainer at any time. There is no point in a claim at which you are prevented from switching. However, the closer to settlement or trial your claim is, the more carefully you should consider whether the practical and financial benefits of switching outweigh the disruption.
Under most No Win, No Fee agreements, you will not have to pay your old solicitor immediately out of your own pocket. They will typically register a charge against your final compensation, to be paid from damages when the claim resolves. The exact terms depend on your original CFA. Your new solicitor will review this and explain what it means for your net compensation before you commit to switching.
Most transfers complete within 2 to 4 weeks. Your old solicitor is required to transfer the file promptly on request. Your new solicitor will need time to review the file, update the procedural position, and notify the relevant parties of the change. In the vast majority of cases, the transfer causes no material delay to the claim itself.
A solicitor cannot refuse to release your file. They may exercise a lien over certain documents pending payment of fees, but they cannot hold your entire file hostage or prevent the transfer. If you encounter resistance, your new solicitor can advise on the appropriate steps, including a complaint to the Legal Ombudsman if necessary.
Yes — your new solicitor will write to the defendant’s insurer and to the court (if proceedings have been issued) to notify them of the change of representation. This is routine and has no negative impact on your claim. Defendants and their insurers deal with changes of solicitor regularly.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.
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