How Do I Change Solicitors in My Family Law Case?

Going through a divorce or separation is one of the most difficult times of anyone’s life. You may be worried about your future, the finances, or the arrangements for the children. That is why a good or excellent solicitor-client relationship is key to a successful outcome. It is vital that you can work effectively as a team.

This divorce and separation process can be made even more daunting if you lack trust or confidence with your solicitor. What should you do? First of all you should attempt to speak to your solicitor to discuss your concerns. We provide our clients with a service pledge and during the first meeting we also give proper advice and a ‘road map’ and so it is clear who we move forward together.

There are many reasons for wanting to change solicitor and this is a personal decision to make. Some of the most common reasons for a client to change solicitor include:

• Lack of communication from your solicitor
• Dealing with a different person and feeling that no-one understands your case
• Concerns about the quality of the legal advice
• Delay or lack of any real progress

Feeling pressured into agreeing something or not being able to make an informed decision
All of this combined boils down to whether there has been a breakdown in trust and confidence between you and your family law solicitor.

This is actually a very straightforward process and often involves your new solicitor writing to your existing solicitor to inform them of your wish to change legal representation and to request your file of papers.
What you cannot do is have two firms of family law solicitors acting for you in relation to the same matter; although it is permissible to seek a second opinion.

Many clients make a quick decision about the solicitor they wish to instruct but do not research this properly. This is understandable but as the case proceeds you may not feel that you work well with your solicitor, that no-one is listening or replying and so on. We are therefore commonly asked to provide a second opinion and we are happy to do that. It might be that there are some good reasons why your solicitor has conducted your case in a certain way, and we will say that. Equally, if we disagree with the advice or the course action, we will make that known. Our approach is a fair one.

The steps to transfer can be broken down as follows:

• The file transfer request
  • Once you have decided on the family law solicitor you wish to move your case to, your new solicitor should send a signed file transfer request to your old solicitor.
• Receiving the transfer request
  • Your solicitor should transfer your file without delay. They may exercise a lien on your papers until any outstanding costs are paid (assuming that is a condition within their terms of engagement). However, the old solicitor should not do anything that would have a detrimental impact on your case.
• The file being received by the new solicitor
  • Most solicitors work on a paperless or paper lite basis so nowadays files are often transferred electronically. This makes the whole process much quicker. Your new solicitor should then be able to review the papers (often at no charge as it is not your fault that you wish to move).

We have provided some information which can be seen here.

You need to find a new family law solicitor that you feel is better suited to you and your case. These tips might help you:

• Does the solicitor have experience and are they a specialist in their field?
• Can they meet with you quickly and provide you with proper legal advice at the outset? This can include settlement or agreement principles, tactics, and options to reach a resolution.
• Can you meet the solicitor face to face or by video? In our experience this is much better and helps form the bond between the solicitor and client.
• Is the new solicitor a good communicator and someone you feel you can trust?
• What is their skill and reputation like? Look at any accreditation, testimonials, reviews and so on. Also speak to other professionals such as any accountants, barristers or financial advisers who might know.
• Is your solicitor able to give you clear cost information and guidance at the outset?

We are specialists in our field of divorce, family law and children law. We have an extremely good reputation, and our clients are often recommended by existing or past clients or other professionals, including other family lawyers, barristers, judges, accountants and financial advisers.

We are ranked in Tier 1 within the Legal 500 for family law in the North West of England. Please also see our client testimonial page.