Yes, in many circumstances you can change your solicitor while your case is still ongoing. However, the more important question is often not whether you can change lawyers, but whether changing lawyers at that particular stage is genuinely in your best interests.

From my professional experience, clients usually start considering a change when communication and trust have deteriorated. They may feel that their solicitor is not responding, costs are increasing without sufficient explanation, the strategy does not make sense to them, or their case is simply not receiving the attention they expected.

Sometimes changing solicitors is absolutely the right decision. In other situations, it can introduce unnecessary cost, delay and disruption into a case that is otherwise being handled competently.

Why Do Clients Change Solicitors During a Case?

Poor communication is probably the most common reason I encounter.

Legal proceedings can be stressful and may take considerably longer than clients expect. When calls and emails are not returned, updates are infrequent or the client constantly has to chase the solicitor for information, frustration can quickly develop.

Even if competent legal work is taking place behind the scenes, a client who feels ignored can understandably start wondering whether their case is receiving sufficient attention.

Communication is not simply a matter of customer service. A client should understand the important developments in their case, the strategy being followed, the decisions they need to make and the costs they are likely to incur.

Unexpected Legal Costs Can Damage Trust

Another common reason clients consider changing solicitors is unexpected or poorly explained costs.

Legal proceedings can become more expensive than originally anticipated, particularly when a dispute becomes more complicated, additional evidence is required or the other party takes unexpected steps. The problem is often not simply that the bill has increased. It is that the client does not understand why.

Clients should receive sufficiently clear information about how they are being charged and, where appropriate, how developments in the case may affect anticipated costs. When substantial invoices arrive without adequate explanation, confidence in the solicitor-client relationship can deteriorate very quickly.

What If I Disagree With My Solicitor's Strategy?

A disagreement about strategy does not automatically mean that you need a different lawyer. A client may believe their solicitor is being too cautious, too aggressive, too slow to issue proceedings or too willing to consider settlement.

Sometimes that concern is justified. At other times, the solicitor may simply be giving realistic legal or commercial advice that the client does not want to hear. This distinction is extremely important.

A good solicitor will sometimes tell you things you would rather not hear. Changing lawyers repeatedly until you find someone who agrees with your preferred position is unlikely to improve the underlying merits of your case.

The more important questions are whether the advice has been properly explained, whether the solicitor understands your objectives and whether there remains sufficient trust for you to work together effectively.

When a Breakdown in Trust Becomes More Serious

Trust is fundamental to the solicitor-client relationship. If a client believes an important deadline has been missed, significant information has not been explained, advice has been inconsistent or an important decision has been taken without proper consultation, rebuilding confidence can become difficult.

Once trust has genuinely disappeared, even perfectly reasonable advice may begin to be viewed with suspicion. That can make continuing the relationship increasingly unproductive.

An Example of When Changing Solicitors Became Reasonable

One anonymised situation from my experience involved a client who was already some way into a dispute. Communication with the existing solicitor had become increasingly infrequent, and the client no longer properly understood the strategy being followed. At the same time, invoices were increasing without the client having a clear understanding of what further work was anticipated.

The client's initial reaction was to change solicitors immediately. My view was that changing could ultimately be justified, but the sensible first step was to establish exactly what had gone wrong.

The client needed a proper case update, an explanation of the existing strategy, an updated estimate of future costs and clarification of outstanding work.

Once it became clear that the communication problems were not temporary and that the client had genuinely lost confidence in the solicitor-client relationship, changing representation became a much more reasonable decision.

The lesson is that changing lawyers should ideally be a considered decision, rather than an emotional response to one frustrating email, disappointing result or unexpected bill.

Should I Speak to My Existing Solicitor Before Leaving?

In many cases, yes. I generally encourage clients to distinguish between dissatisfaction with an outcome and a genuine problem with the service or legal representation they are receiving.

Before leaving, it can be sensible to raise your concerns directly with the solicitor or supervising partner. Be specific. Rather than simply saying that you are unhappy, identify exactly what is causing concern. Is an email unanswered? Has a deadline apparently been missed? Is there an invoice you do not understand? Has the strategy changed without explanation?

A direct conversation can sometimes reveal that the problem is a misunderstanding or communication failure that can be corrected.

When a Complaint May Be Better Than Changing Solicitors

Poor service does not always require a change of solicitor.

One anonymised example involved a client who received a substantial bill and felt that the increasing costs had not been properly explained. The client's initial reaction was to find another firm.

Once the concerns were formally raised, however, the existing solicitor provided a detailed explanation of the work undertaken, identified the developments that had caused the additional costs and agreed to a clearer approach to future billing and communication.

In that situation, I did not believe changing solicitors was necessary. The underlying legal work was competent, there was no evidence of a serious professional failing and the central problem was communication. Once that was corrected, the relationship became workable again.

What If I Think My Solicitor Has Made a Mistake?

A possible professional mistake needs to be approached carefully. The first priority should be establishing what has actually happened and whether it has caused or could cause prejudice to your legal position.

For example, if you believe that a court deadline has been missed, the immediate question should be whether anything can be done to protect your position. The complaint about how the mistake occurred can be addressed separately.

I would not allow a dispute with your solicitor to distract from protecting the underlying case. Where there are serious concerns about professional conduct, independent legal advice may be appropriate. Depending on the circumstances, formal complaints or regulatory processes may also need to be considered.

A complaint and a change of solicitor are not mutually exclusive. You can take steps to protect your ongoing case while separately addressing concerns about the service or conduct of your previous solicitor.

How Do I Change Solicitors?

Once you have decided that changing solicitors is appropriate, I recommend treating the process as a managed transfer. Do not simply stop communicating with your existing solicitor.

Ideally, the prospective new solicitor should first understand the nature of the case, identify any immediate deadlines and confirm that they are able and willing to take the matter on.

The existing solicitor can then be notified that you wish to change representation, and appropriate authority can be provided for relevant information and papers to be transferred. The objective should be continuity. You are changing solicitor, not putting the case on hold.

What Happens to My Legal File?

The case file can be critical to a successful transfer. Depending on the case, it may contain pleadings, correspondence, court orders, evidence, witness statements, disclosure documents, expert reports and records of important advice.

The new solicitor needs to understand not only what has happened, but what has already been agreed, what procedural stage has been reached and what still needs to be done.

Clients should also keep their own copies of important correspondence and documents where appropriate rather than assuming they will never need direct access to them.

What If Court Proceedings Have Already Started?

Changing solicitors during active court proceedings requires particular care. The court needs to know who is representing the party, and the appropriate procedural steps will need to be taken to record a change in representation in accordance with the rules applicable to the proceedings.

More importantly, changing solicitors does not stop court deadlines. If there is a hearing next week, documents due shortly, an approaching limitation issue or a court order requiring something to be done by a particular date, somebody must remain responsible for dealing with it.

One of the biggest risks during a transfer is creating a gap in which the old solicitor believes the new solicitor is responsible while the new solicitor believes responsibility has not yet formally transferred. I strongly recommend establishing exactly who is responsible for every urgent task.

Will Changing Lawyers Cost More?

There will usually be some additional cost. Even where the previous solicitor provides an organised and comprehensive file, the new solicitor will need to read into the matter.

They need to understand the history, evidence, procedural position, previous advice, strategy and outstanding issues before they can responsibly advise you. That time is likely to be chargeable.

Some work may also need to be repeated, particularly if the new solicitor disagrees with an earlier assessment or needs to reconsider evidence before taking responsibility for advice. However, this does not necessarily mean all previous work will be duplicated.

Before changing, I would ask for an indication of the cost of taking over and reviewing the existing file.

What Happens to Fees Owed to My Previous Solicitor?

Changing solicitors does not normally make legitimate fees already incurred disappear. You should understand what remains outstanding under your existing retainer, whether money is being held on account and whether there are unresolved billing issues.

If you dispute a bill, that issue may need to be addressed separately. Do not assume that changing firms automatically resolves a costs dispute. Equally, where urgent court proceedings are involved, a disagreement about fees should not distract from protecting the immediate legal position.

Should I Change Solicitors Just Before a Hearing?

Changing lawyers immediately before an important hearing can be particularly risky. A new solicitor may have very limited time to read a complicated file, understand previous tactical decisions, review the evidence and prepare properly.

In some cases, it may be more sensible to proceed with the imminent hearing and consider changing representation afterwards. That is not an absolute rule. If the existing representation is seriously deficient or the client's position is not being adequately protected, an immediate change may still be necessary.

The decision needs to be based on the circumstances of the individual case rather than a general assumption that changing sooner is always better.

When Would I Advise Someone Not to Change Lawyers?

If your solicitor is communicating adequately, meeting deadlines, providing competent advice and properly managing the case, but you are frustrated because proceedings are taking longer than expected, changing firms may create more problems than it solves.

I would also be cautious where the real disagreement is that your solicitor has given advice you do not like. The fact that another lawyer tells you what you want to hear does not necessarily make their advice better.

Another situation is where the case is close to resolution. If settlement negotiations are progressing constructively and there is no serious problem with the existing representation, changing firms may introduce unnecessary cost and disruption at precisely the wrong moment.

The key distinction is between temporary frustration and a genuine breakdown in representation.

What Should I Tell My New Solicitor?

Everything relevant, including the bad news. Clients sometimes worry that revealing a missed deadline, damaging evidence, an unfavourable court order or difficult correspondence will make a new solicitor reluctant to take their case.

The opposite approach can cause much greater problems. A new solicitor needs the complete picture. Discovering an important problem only after taking over the file can waste time, increase costs and potentially restrict the options available.

A new lawyer cannot properly protect your position unless they know what they are dealing with.

What Should I Ask a New Solicitor Before Transferring?

One of the first questions I would ask is whether the solicitor has reviewed enough information to understand the current position. They may not be able to give comprehensive advice during an initial conversation, but they should be asking sensible questions about the procedural position, evidence, deadlines and immediate risks.

I would also ask about their experience with the particular type of case. A solicitor may be excellent in their usual area of work but not necessarily be the right person to take over a highly specialised or technically complex matter halfway through proceedings.

Costs should also be discussed clearly. Ask what the initial file review is likely to cost, whether any work may need to be repeated, how future work will be charged and whether a realistic estimate or budget can be provided for the next stage.

Most importantly, ask: having heard what has happened, do you genuinely think changing solicitors at this stage is in my interests? A good lawyer should be prepared to tell you that remaining with your current firm may actually be the better option if that is their professional assessment.

What Does a Good Replacement Solicitor Look Like?

Pay close attention to the quality of the initial communication. Does the solicitor listen? Do they ask detailed and sensible questions? Do they identify risks as well as opportunities? Can they explain complicated issues in understandable language?

Are they transparent about costs and uncertainty? Do they immediately identify upcoming hearings and deadlines?

Those characteristics are often much more reassuring than confident promises about the eventual outcome. The objective is not to find a solicitor who agrees with everything you believe. It is to find someone who can objectively assess the evidence, give realistic advice and manage the case effectively.

My Advice Before Changing Lawyers Mid-Case

My strongest advice is not to change lawyers simply because you are frustrated. First identify exactly what has gone wrong.

Raise the issue with your existing solicitor where appropriate. Ask for a clear update on the case, the strategy, upcoming deadlines and anticipated costs. Use the firm's complaints process where poor service needs to be formally addressed.

At the same time, do not allow attempts to resolve a complaint to put your underlying legal position at risk.

If there has been a genuine breakdown in trust, repeated communication failures, serious mistakes, important matters being mishandled or another substantial concern about whether your interests are being properly protected, changing solicitors may be entirely justified.

Before making that decision, understand what the transfer will cost, what deadlines need to be protected, what the new solicitor will do differently and whether they genuinely believe taking over at that stage is sensible.

The question is therefore not simply, “Can I change lawyers?” In many cases, you can. The more useful question is, “Will changing lawyers now put me in a better position than staying where I am?”

Important legal notice: This article provides general information about changing solicitors during a civil case in England and Wales. It does not constitute legal advice. The correct procedure, costs, deadlines and risks depend on the facts and procedural stage of each case. Anyone considering changing legal representation should obtain advice from a suitably qualified legal professional where appropriate.