A solicitor leaving the firm before a case has finished is commonplace. People no longer remain committed to the same firm for their entire career, and regularly move between practices. If your family solicitor leaves the firm during your case, you have several options:
A solicitor leaving the firm before a case has finished is commonplace. People no longer remain committed to the same firm for their entire career, and regularly move between practices. If your family solicitor leaves the firm during your case, you have several options:
The departure of a solicitor during your case: What it means
It is not uncommon for solicitors to change firms. Reasons for such moves can include career progression, relocation, or disagreements with firm policies. When this happens, clients can be caught off-guard, especially during emotionally charged family law proceedings.
If your solicitor leaves, the firm must inform you and provide options of the future conduct of the case. They may offer continued representation through another qualified solicitor within the firm. However, the decision to stay or follow your solicitor is entirely yours.
Can my solicitor stop representing me?
This is a valid concern and one that many clients face during a transition. The short answer is: yes, your solicitor can stop representing you—but the firm itself may only do so under specific conditions.
A solicitor/firm may end representation if:
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There is a conflict of interest,
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There is a breakdown in communication or trust,
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You fail to pay fees or provide necessary instructions.
Under the Solicitors Regulation Authority (SRA) Code of Conduct, solicitors must act in your best interest, and this includes stepping down if continuing would compromise their ethical obligations. The firm is also required to give you reasonable notice if your solicitor or their replacement cannot continue.
1. Remain with the firm
You can choose to remain with the law firm and be assigned a new solicitor who will take over your case. It is important to ensure that you are comfortable working with the new solicitor and that they have the necessary expertise and experience to handle your case effectively.
2. Follow your solicitor
You can choose to follow your solicitor to their new firm. However, it is important to note that this may not always be in your best interests. Your solicitor may have been working with a team of lawyers at their previous firm who are familiar with your case, and this knowledge and expertise may not be available following a move. In addition, if you decide to follow your solicitor, you may cause them issues regarding any non-compete clause they have entered into. Although there would be no repercussions personally for a client, there could be some professionally for the solicitor.
3. Find someone new
You can choose to find a new solicitor to take over your case. This may be a good option if you are not happy with the service you received from your previous solicitor or if you do not feel comfortable working with the new solicitor assigned to you by the law firm.
What should I think about when deciding to follow my solicitor?
This decision depends on several key factors:
1. Complexity and progress of the case
If your case is well underway and your former solicitor had deep knowledge of the issues and history, following them to a new firm might offer a smoother transition.
2. Trust and relationship
If you’ve built strong rapport and trust with your solicitor, it could be worth continuing the relationship. A trusted solicitor who understands your needs and goals is often irreplaceable.
3. Cost implications
Following your solicitor may involve new retainer fees, additional administrative costs, or even a delay in proceedings while the new firm is onboarded. Be sure to ask for a full breakdown of potential fees.
4. Availability of your case files
If you switch firms, you must ensure your case files, documents, and communications are transferred seamlessly. Your original firm must cooperate in this transition, but may require all outstanding invoices to be paid first.
If you decide to follow your solicitor to their new firm, it is important to ensure that the new firm can handle your case effectively. You should ask your solicitor about their team and their experience in family law, and make sure that you are comfortable with the new firm’s approach and working style.
Here are several factors you should take into account before making a decision:
- Ensuring the new firm has the necessary expertise and experience to handle your case effectively.
- Ensuring you are comfortable with the new firm’s approach to communication. Your solicitor should be easy to reach and responsive to your needs, and the new firm should have a clear process for keeping you informed about the progress of your case.
- Consider the cost of following your solicitor to their new firm. It is important to understand the new firm’s fee structure and ensure that you are comfortable with the costs involved.
- Research the new firm’s reputation and track record in family law. Look for reviews and testimonials from previous clients and make sure the firm has a good reputation for handling cases similar to yours.
- Consider the location of the new firm and whether it is convenient for you to travel to meetings and court hearings. For example if the solicitor has moved from Liverpool to Birmingham for example, can your case be handled primarily by video/telephone calls)?
- Think about whether the timing of your case is appropriate for a move to a new firm. If your case is at an advanced stage, it may be more disruptive to move to a new firm than to stay with the current firm and be assigned a new solicitor.
When is it too late to change solicitors?
Clients often worry about switching representation at a later stage. So, when is it too late to change solicitors?
Technically, you can change solicitors at any point. However, timing can affect the outcome:
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Early in proceedings: Ideal. The new solicitor has time to understand the case fully.
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Mid-case: Still manageable, especially if detailed records exist.
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Before a final hearing: Risky. The new solicitor may not have enough time to prepare, leading to possible adjournments or less effective advocacy.
In short, when is it too late to change solicitors? Never legally—but practically, the later it is, the harder it becomes to move without disruption.
What is the process of changing solicitors?
If you choose to follow your solicitor or hire a new one, here’s how the process works:
- Termination of current engagement: You must inform your current firm in writing that you no longer wish them to act for you.
- Signing a new client agreement: Your new solicitor will require you to sign a client care letter and possibly a new funding agreement or legal aid forms (if applicable).
- Notice of change: Your new solicitor will file a “Notice of Change of Solicitor” form with the court and notify all parties involved in the case.
- File transfer: Your former solicitor must send the case file to your new legal representative. This is usually done electronically and must be completed in a reasonable timeframe.
Potential pitfalls and how to avoid them
Moving solicitors—whether by necessity or choice—comes with risks. Here’s how to mitigate them:
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Clear communication: Be honest and upfront with your new solicitor about the history and any issues.
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Keep deadlines in mind: Missing deadlines because of a transition can have serious consequences.
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Request detailed handover notes: Ensure your former solicitor provides a summary and status update for your new team.
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Consider mediation: If you’re unhappy with your current firm but unsure about moving, ask for a meeting with a senior partner.
Family cases are inherently emotional. Losing the solicitor you’ve come to rely on can feel like a personal setback. Give yourself time to assess your options without panic. A calm, informed decision will serve you best in the long run.
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The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
