Can You Change Solicitors During a Compensation Claim?

While most claimants report high satisfaction with their personal injury solicitors, some find themselves unhappy with the service they’re receiving. If you’re considering switching solicitors mid-claim, it helps to understand the process, potential challenges, and implications. Below, we look at when and how to switch solicitors, and what to consider before making this decision.

Reasons for Switching Solicitors

Common reasons claimants consider switching solicitors include:

1. Poor communication
2. Lack of progress in the claim
3. Disagreements over claim strategy
4. Loss of confidence in the solicitor’s expertise
5. Closure of the claim
6. Closure of the original solicitor’s firm

With this in mind, claimants need to be careful when choosing their solicitor to ensure that they are instructing the right specialist, with the right expertise. This will minimise the risk of the claim not being handled correctly.

If you are not sure what you should expect from your personal injury compensation solicitor, get in touch and we can advise you on this.

Switching if Your Solicitor Closes Your Claim

The most common reason that claimants want to switch solicitors is because their solicitor has closed the claim. Remember, your solicitor only gets paid IF YOU WIN. If a solicitor believes that a claim is unlikely to succeed, they will close the matter.

Whilst it costs you nothing if you lose, there are costs to the solicitor and they must make a decision as to whether it is in everyone’s best interests to continue.

If your solicitor has closed your claim and advised that the 3rd party will not admit liability, that they have a very strong defence that a court would likely accept, a new solicitor will likely not view the case any differently – unless there is new evidence to strengthen the claim or weaken the defence raised.

However, you do have a right to seek a second opinion and to that end, if you feel strongly about your claim, you can contact us and we’ll consider whether there is merit in undertaking a review of your claim file to see if there is a way forward.

Complaints Against a Current or Previous Solicitor

Occasionally, clients come to us when they believe that their solicitor has acted negligently or handled the claim poorly. We’re all humans and mistakes can be made. However, when we look into such enquiries it is often the case that the solicitor has given the client bad news regarding their claim, and the client doesn’t like it.

We all want someone to blame when things don’t go our way and this can happen in personal injury compensation claims, too. Having said that, when there does appear to be a genuine case of poor claim management or negligent behaviour, there are things that a claimant can do in order to rectify the situation, with the last resort being switching solicitors to a new firm.

How to Complain to Your Solicitor

There is a correct way to handle a complaint about a solicitor and their handling of your claim. Often, things can be resolved with your current solicitor which will see your claim settle more quickly than if you switch to a new solicitor. If you believe that you have a genuine complaint against your current solicitor, here’s what you can do about it:

• Complain to your solicitors office and ask for a written reply to your complaint. In the majority of cases, you will find that there may have been a lack of communication about a certain point of interest in the claim or that you may not have received an important bit of correspondence. By complaining, your solicitor will have every chance to rectify the situation quickly.
• If you are not happy with your solicitor’s response to your complaint, you can contact their regulator – the Solicitors Regulatory Authority. They have a complaints department and can hold your solicitor to account for their actions.

If you really feel aggrieved with your current solicitor, that the relationship is beyond repair and you have no faith in them, it is probably then best to end their instruction and authorise a new firm to investigate taking the claim forward. This should only be done once the above process has been attempted and exhausted.

The Process of Switching Solicitors

1. Evaluate your current situation
2. Seek a second opinion from another solicitor
3. Formally complain to your current solicitor
4. If unresolved, inform your current solicitor of your intention to switch
5. Find a new solicitor willing to take on your case
6. Transfer your case files to the new solicitor

Switching solicitors during a personal injury claim should be a carefully considered decision. Exhaust all options with your current solicitor first, and ensure you understand the potential implications before making the switch.

How to Choose a New Solicitor

If you do decide to change, choose your new solicitor carefully to ensure the best possible outcome for your claim. Ensure they:

• Have expertise in your type of claim
• Offer a No Win No Fee agreement
• Have a track record of successfully handling transferred cases
• Clearly explain how they’ll handle the transition and any potential costs

Challenges in Switching Solicitors

Claimants must be very careful when considering withdrawing from their current solicitor or seeking to cancel their claim – on two counts: The potential exposure to costs under the terms of the CFA they have signed, and not being able to find a new solicitor able to take on their ongoing case.

Financial Viability for the New Solicitor

One of the main challenges in switching solicitors is the financial viability for the new firm. The new solicitor must:

• Meet the costs incurred by the previous solicitor if the claim is successful
• Assess whether the potential settlement value justifies taking on these additional costs

This financial consideration often makes it difficult to switch solicitors in standard personal injury cases with lower settlement values.

In cases where the settlement value of a claim is substantial, it is much easier for a new solicitor to take it on as the potential fee recovery would be higher.

Time Constraints

Switching solicitors can delay your claim, especially if you’re approaching the three-year limitation period for personal injury claims.

Complexity of Ongoing Cases

If your case is well advanced, it may be challenging for a new solicitor to take over, especially if court proceedings have already begun.

When Switching Solicitors May Be Easier

Switching solicitors is generally easier in cases where:

• The potential settlement value is substantial
• The case is still in its early stages
• There’s clear evidence of negligence or poor handling by the current solicitor

Alternatives to Switching Solicitors

Of course, if you can’t find a new solicitor there’s always the possibility of claiming by yourself, but this can be fraught with difficulty. Before deciding to switch, consider these alternatives:

1. Communicate your concerns clearly to your current solicitor
2. Request a different case handler within the same firm
3. File a formal complaint with the firm’s complaint handling procedure
4. Seek advice from the Legal Ombudsman

Switching to Direct2Compensation

Luckily for us, we rarely have an issue with clients complaining or wishing to switch solicitors – unless they want to switch to us. Direct2Compensation works hard to ensure that our solicitors are able to settle the majority of claims for personal injury compensation quickly and in our clients favour. Over the years, we have developed a specialist claims process that provides a great service. Our clients are kept up to date, know how to communicate with their solicitor, and understand what the claim means to them in terms of costs.

Of course, you might just want to discuss the way in which your claim has been handled and not yet be sure that you wish to switch solicitors. We’ll be more than happy to give you our honest opinion and let you know what you can do about it. If appropriate, we’ll help you to instruct a competent no win no fee solicitor to pursue your claim for personal injury compensation.

Find out if you can claimChat now with our claims experts for free, friendly advice.

Frequently Asked Questions