Changing an injury solicitor requires more than asking a new firm to collect the file. Before ending the existing arrangement, understand why you want to move, whether the new firm will accept the claim, how existing costs and insurance will be handled and who is responsible for every live deadline during the handover. A transfer should preserve completed work and make the next stage clearer.
This guide concerns personal injury claims in England and Wales. It provides a transfer document checklist and a practical handover sequence. It does not promise that a new solicitor will accept the case, waive earlier charges or obtain a better settlement. The decision should be based on the actual problem and the terms of both engagements.
Alexander James Solicitors considers transfer enquiries on private-fee terms agreed in writing and does not offer legal aid. An enquiry about taking over is not acceptance of responsibility. State any imminent hearing, offer or limitation issue at the start, and obtain explicit confirmation of the work the firm has agreed to undertake.
Identify the reason for changing before choosing the solution
Communication problems may have a defined remedy
If you are not receiving useful updates, identify the unanswered questions and the communication arrangement previously agreed. Ask the current firm for a review with the fee earner or supervisor. A clear progress plan may resolve the concern without a transfer, particularly where the substantive work is sound and the problem is how it is explained.
That does not mean you must remain with a firm you no longer trust. It means the decision should distinguish poor communication from a disagreement about strategy, an evidential problem or a genuine failure to act. The remedy and risks differ. A new firm cannot necessarily remove a medical delay or turn weak evidence into strong evidence simply by communicating more frequently.
Keep examples rather than a general statement that the firm never responds. Record the request, date, promised response and actual answer. This helps both a complaint and a transfer assessment identify the issue. Avoid exaggerating the history; the correspondence will be part of the file.
A disagreement about advice needs examination of the reasoning
You may disagree with a recommendation to accept an offer, obtain another report or discontinue a claim. Ask for the reasons, evidence and alternatives before deciding that changing solicitor will produce a different result. A second opinion can be useful, but should be based on the complete material, including adverse evidence.
If a new adviser recommends a different approach, ask why and what it entails. A more optimistic valuation or promise of speed is not enough. Identify the evidence supporting the change, the cost, the risk and the tasks required. The transfer decision should improve the handling of the case rather than merely replace uncomfortable advice with reassuring language.
Expertise, capacity and relationship may matter
A claim can develop beyond the scope originally anticipated, for example through serious long-term consequences or a complex jurisdictional issue. Ask whether the current firm has the relevant capability and whether a transfer or additional specialist input is appropriate. Do not assume a large or small firm is automatically the right fit.
Practical accessibility also matters. If the communication method, language arrangements or support needs are not working, explain what is required. A new firm should confirm how it will meet those needs within the accepted service. The decision should be based on concrete arrangements rather than a broad promise of a personal approach.
Check the existing agreement before terminating it
Locate all funding and engagement documents
Gather the client care letter, retainer, funding agreement, amendments, insurance policy and costs updates. The consequences of ending the instruction can depend on those terms and the circumstances. Do not assume the phrase no win, no fee means transfer is always free, or that a private-fee arrangement creates only the most recent unpaid invoice.
The guide on before signing a no win no fee agreement explains questions about scope, termination and funding. For a transfer, the task is to apply the actual terms already agreed and understand any new agreement proposed. A comparison should identify both existing obligations and future charges.
The SRA's consumer funding guidance supports careful understanding of the commitments behind marketing labels. Ask for a written explanation of what may become payable if you terminate, when payment is sought and whether any arrangement between firms is proposed. Do not rely on a verbal assurance that costs will somehow be sorted out later.
Distinguish incurred costs from costs immediately payable
The old firm may have recorded work and expenses, but the amount, basis and timing of any payment require assessment. Ask for an itemised position and the relevant terms. A figure described as work in progress is not necessarily identical to an immediately enforceable bill, while an outstanding invoice should not be ignored simply because a transfer is planned.
Identify disbursements separately from professional charges. Medical reports, counsel's fees and court fees may involve commitments to third parties. Ask what has been paid, what remains due and who will deal with each item after transfer. The new firm needs this information to assess the financial position responsibly.
Do not assume the new firm takes over every earlier obligation
A new solicitor may agree arrangements concerning previous costs, but acceptance of the claim does not automatically extinguish your existing obligations. Obtain the proposed terms in writing and ask what remains your responsibility. If the firms will resolve an issue between themselves, understand whether you are protected from a later claim for the same amount.
Avoid signing a new agreement that describes only future fees while leaving earlier charges unexplained. The total financial picture matters. A transfer can be appropriate even with additional cost, but the decision should be informed rather than based on the mistaken belief that changing the name on the file resets the account to zero.
Check insurance and other funding continuity
Existing cover may have transfer conditions
If legal expenses or after-the-event insurance is involved, locate the policy and notify the proposed new firm. Ask whether the insurer's consent or updated information is required and whether cover continues during and after transfer. Do not cancel a policy or assume a new firm automatically provides equivalent protection.
The SRA guidance on claims management activity highlights the need to consider sufficient continuing insurance when taking over relevant claims and to keep the insurer informed. The practical lesson is to obtain confirmation on the actual policy, rather than relying on the general description of the funding arrangement.
Compare scope as well as price
The new arrangement may cover different stages, expenses or risks. Ask whether it includes proceedings, a particular hearing, an appeal or related advice. A lower headline charge can be misleading if important work is excluded. Conversely, a more expensive arrangement may include tasks you do not need; the scope should fit the claim.
Compare the treatment of success, failure, termination and transfer again. You are not merely replacing a provider; you may be changing the contract governing a significant legal process. Keep both sets of terms and a written explanation of material differences.
Check authorisation from an existing funder
A legal expenses insurer, union or other funder may have requirements about the choice of representative or approval of work. Ask the funder and proposed firm what is required before incurring new charges. Do not assume a refusal by the original firm or dissatisfaction with service automatically authorises reimbursement of a new firm's invoice.
Keep the funder's response with the transfer record. If cover is disputed, identify that as a separate issue requiring advice. The claimant should not be left believing the new work is funded while the solicitor assumes private payment.
Get the new firm's acceptance before relying on takeover
An initial review can be limited
The proposed new firm may first assess the file, funding, conflicts and practical ability to meet deadlines. That review may be a separate paid task. Ask what it includes, when a decision is expected and whether any urgent action has been accepted during the assessment.
Do not assume a request for documents means the firm has committed to the full case. Conversely, the legal relationship can depend on communications and conduct, so preserve the actual record rather than relying only on a label. The safest practical approach is explicit confirmation of the accepted task and responsibility.
Provide the difficult information at the outset
Tell the new firm about adverse medical evidence, disputed liability, prior offers, missed directions or complaints. A transfer should not be used to restart the story without inconvenient facts. The new adviser needs the complete position to assess whether it can act and what remedial work may be needed.
Explain the reason for the move factually. Supply the relevant correspondence instead of asking the new solicitor to assume the old firm was negligent. If there may be a claim about the former firm's work, that is a separate issue requiring scope and conflict consideration. It should not be silently merged into the injury retainer.
Ask what will change in the handling
The new firm should explain its proposed next steps, communication arrangements and immediate priorities after review. Ask what work will be preserved, what needs checking and what genuinely needs to be redone. A transfer should not cause unnecessary duplication of reports or statements simply because another firm prepared them.
Some review is unavoidable because the new representative must understand the file. The useful distinction is between reviewing existing work and repeating it without a reason. Ask for the rationale where a fresh expert report, statement or calculation is proposed, including its evidential and cost implications.
Practical asset: transfer document checklist
Send the live position before the historical archive
The new firm needs the full file, but the most urgent information should be identifiable immediately. Place a current status sheet at the front. The checklist below helps organise the transfer; it does not authorise disclosure of confidential third-party information beyond what is appropriate for the instruction.
| Document group | Key items | Handover question |
|---|---|---|
| Current status | Claim stage, parties, live issues and next decision | What needs action first? |
| Deadlines | Limitation advice, court orders, hearing notices and offer dates | Who owns each step during transfer? |
| Proceedings | Claim form, particulars, defence, service records and orders | What has been done and what remains? |
| Liability evidence | Incident records, statements, photographs and correspondence | Which facts are agreed or disputed? |
| Medical evidence | Records, reports, instructions, questions and amendments | What opinion is current and what is outstanding? |
| Losses | Latest schedule, workings, earnings and expense records | Is the calculation current and evidence-linked? |
| Settlement | Offers, advice, counteroffers and authorities | Is any response required now? |
| Funding | Retainer, fee agreement, insurance and funder decisions | What changes on transfer? |
| Costs and money | Bills, disbursements, funds held and interim payments | Who pays or transfers each amount? |
| Outstanding work | Requests, appointments, expert commitments and chasers | Who will complete or cancel each task? |
An index helps distinguish an absent document from one still being transferred. Mark originals, copies and missing items. If the file contains several report versions, preserve the history and identify the current version. Do not discard earlier versions merely to make the archive look cleaner.
Record the date and authority for release
The current firm will need appropriate authority and a secure transfer route. Ask what form is required and what is being released. Keep a copy of the authority and confirmation of transfer. If there is a dispute about documents or costs, obtain advice on the specific issue rather than assuming every item can be withheld or every item must be released immediately on demand.
Do not personally download confidential materials from systems you are not authorised to access. The transfer should use proper channels. A clear document request from the new firm is more useful than attempting to reconstruct the entire professional file through scattered screenshots.
Check receipt and completeness
Ask the new firm to confirm receipt of the critical documents and identify material gaps. A message that a large archive arrived does not establish that it contains the live order or the correct expert report. The first review should prioritise deadlines and the current evidential position.
Keep a missing-item list with the holder, request date and next action. If an item cannot be located, the adviser must assess how to proceed. Do not assume an incomplete file justifies indefinite waiting where a deadline requires a separate decision.
Manage the handover period explicitly
Assign every live deadline
Prepare a short list of imminent tasks and obtain confirmation of which firm will handle each. This can include responding to an offer, attending a hearing, serving evidence or taking a limitation-related step. A broad statement that the transfer is underway does not answer those questions.
The article on whether contacting a solicitor protects your deadline explains why enquiry and acceptance must be distinguished. During transfer, the same principle applies with greater urgency because each firm may otherwise assume the other is responsible.
Court records may need formal updating
Where proceedings exist, CPR Part 42 addresses changes of solicitor and notice requirements. The procedural position is not determined solely by telling the old firm you wish to leave. Ask who will handle the necessary filing and service and when the change will be effective for communications.
Do not send informal notices to the court without understanding the required process and representation arrangements. The new or current solicitor should explain what is needed. Keep confirmation with the file so there is no uncertainty about where future documents should be sent.
External appointments and requests need continuity
Medical examinations, counsel's work and document requests may already be booked or commissioned. Identify them before cancelling or duplicating anything. A transfer should not cause missed appointments or unnecessary fees because no one informed the provider who now manages the instruction.
Ask whether the new firm will adopt existing expert instructions, seek clarification or make a different application where necessary. The answer depends on the evidence and procedure. Do not contact the expert independently to demand a new report simply because you have changed solicitors.
Money and costs at transfer
Reconcile funds held and previous payments
Ask for a statement of client money held, payments made on your behalf, outstanding invoices and any interim compensation. Identify what will be transferred, returned or retained and why. A clear reconciliation prevents the new firm from treating an earlier advance as missing money or failing to account for an expense already paid.
If funds are to move between firms, verify the arrangement through established channels. Unexpected bank-detail changes require independent confirmation. Do not forward sensitive account information to an unverified address merely because a message refers accurately to the transfer.
Understand any proposed undertaking or security arrangement
Firms may discuss arrangements for earlier costs or file release. You do not need to negotiate technical professional commitments yourself, but should understand any effect on your money or obligations. Ask whether the arrangement binds you, the new firm or both, and what happens if the claim fails or settles for less than expected.
Do not assume an agreement between solicitors means no charge can ever reach you. Request a plain explanation of the financial outcome under realistic scenarios. The important point is clarity about responsibility, not familiarity with legal terminology.
Keep a disputed bill separate from the transfer plan
If you dispute charges, identify the amount and basis of disagreement. Obtain advice on available routes and relevant time limits. A service complaint, a bill challenge and arrangements for continuing the injury claim may need to proceed separately.
Do not let the fee dispute obscure a live court deadline. Equally, do not sign a broad acceptance of charges merely because you feel transfer is urgent without understanding the document. Ask the new adviser how the immediate claim-management need and the costs issue can both be addressed appropriately.
Three hypothetical transfers
A communication problem resolved before transfer
A claimant receives generic updates and considers moving. A focused review shows that a medical report is awaiting one hospital record, while financial evidence can progress. The firm agrees a named contact, a review date and a clear task list. The claimant decides the revised arrangement addresses the concern.
This example does not suggest every communication failure is minor. It shows that defining the problem can identify a proportionate remedy. If the plan is not followed or confidence remains lost, the claimant can assess transfer using a documented history rather than a vague sense that nothing is happening.
A justified transfer with an approaching offer decision
Another claimant seeks a new firm after the case develops complex long-term consequences. An offer is awaiting response. The new firm agrees to review the offer urgently under a defined instruction while the wider file transfer continues, and responsibility is confirmed between the firms.
The key is that the urgent task is not left dependent on every administrative step being completed. The example does not promise that a new firm can always accept such work. It illustrates the question to ask: who has actually agreed to advise and respond on the live issue during the transition?
A transfer with unresolved funding
A third claimant assumes a new firm will continue the old conditional-fee arrangement unchanged. The new firm instead proposes private fees, and the old policy requires notification before a change. If the claimant signs without understanding those differences, the financial exposure may be very different from expected.
A proper comparison identifies old costs, new charges, insurance continuity and the consequences of failure or another termination. The claimant can then decide whether the transfer is appropriate. The aim is not to avoid every cost, but to make the decision with the actual obligations visible.
Complaints and transfer can proceed on separate tracks
Define the service concern
If you wish to complain, state what happened, the evidence and the outcome sought. Examples include unexplained delay, failure to communicate advice or disagreement about an account. The SRA guidance on problems with law firms distinguishes routes for different concerns. Use the firm's complaints procedure where appropriate and preserve the correspondence.
A complaint should not be used as a substitute for a transfer instruction. Tell the firm separately whether you are ending the retainer and what authority exists for release of the file. The legal and procedural effect of those communications needs clarity.
Consider a possible negligence issue independently
If you believe the old firm caused loss, seek advice on the accepted duty, alleged error, effect on the original claim and any remedy. An unfavourable result or a new solicitor's different view does not automatically establish negligence. The full file and chronology are necessary.
Ask whether the proposed new firm can advise on that issue or whether separate representation is needed. A conflict or scope limitation may arise. Do not assume the injury retainer includes a claim against the former solicitor merely because the concern prompted the transfer.
Set a useful first review with the new firm
After the critical handover, ask for a review of the case's present position. The agenda should cover live deadlines, agreed and disputed issues, evidence gaps, funding, next decisions and communication arrangements. This provides a shared baseline rather than allowing the new relationship to begin with the same uncertainty that prompted the move.
The claim journey guide can help identify the stage reached. The new firm should preserve valid completed work and explain any proposed change in strategy. Ask what would count as meaningful progress before the next update.
Record the plan and your own tasks. A transfer does not remove the claimant's need to provide accurate information, review statements and respond to decisions. Good continuity depends on both clear professional responsibility and timely client cooperation.
Check that the transfer is complete in substance
Reconcile the contact map
After acceptance, confirm who now communicates with the defendant, insurer, court, experts and any funder. Different organisations may have received notice at different times. If a message still reaches the old firm or you personally, forward it promptly through the agreed route and ask whether the contact record needs correction. Do not assume an outdated address means the message has no effect.
Keep a short contact map with organisation, reference, responsible firm and confirmation date. This is especially helpful where a medical agency manages appointments while a separate insurer manages rehabilitation. The injury claim can involve several channels, and changing the litigation contact does not necessarily update all of them automatically.
Confirm which instructions remain in force
An existing authority to obtain records, an expert instruction or a treatment arrangement may need to be reviewed rather than simply replaced. Ask the new solicitor what remains valid and what fresh authority is required. Avoid signing duplicate documents without understanding whether they create a new expense or merely update the contact information.
If the new strategy changes a planned step, record the reason and any cancellation consequence. For example, a scheduled report may no longer be necessary because the issue has been resolved, but the provider still needs proper notification. A deliberate decision with a recorded owner is safer than allowing old instructions to drift while everyone focuses on the new engagement.
Close the old account without losing the history
Ask for confirmation of the old firm's remaining tasks, if any, and the status of its account. Preserve the closing statement and any agreement about costs. If an issue remains unresolved, identify who will pursue it and when, rather than marking the whole transfer complete while the financial question disappears from view.
A final handover note can record the effective acceptance date, live deadlines checked, critical documents received, insurance position, funds transferred and outstanding items. It need not be lengthy. Its value is that both the claimant and new adviser can see what has actually changed and what still requires attention. That provides a practical end to the transition while retaining the evidence needed to explain earlier work and payments later.
Frequently asked questions
1. Can I change solicitor during a personal injury claim?
You can explore changing representation, but the existing terms, procedural position, new firm's acceptance and funding consequences need assessment. Do not assume the transfer is complete when you make an enquiry. Identify live deadlines and obtain confirmation of responsibility during the handover. A planned transition should preserve the evidence and work already completed rather than leave the claim temporarily unmanaged.
2. Will changing solicitor always improve the result?
No. A new representative cannot guarantee a better settlement or remove weaknesses in the evidence. Ask what would change in strategy, expertise or communication and why. A second opinion should engage with the complete file, including adverse material. The decision is best based on a defined problem and a credible plan, not a more optimistic headline valuation alone.
3. Should I complain before deciding to transfer?
A focused review or complaint may resolve some service issues, but it is not a universal prerequisite to considering a move. Identify the problem and the outcome sought. Keep urgent claim management separate from the complaint process. If you decide to transfer, give clear instructions and understand the funding and deadline implications rather than assuming the complaint itself ends the retainer.
4. Can the old firm charge me when I leave?
The position depends on the agreement, work and circumstances. Ask for an itemised explanation of any amount claimed, when it is payable and the relevant terms. Do not assume no-win-no-fee marketing makes every transfer free. Equally, a work-in-progress figure is not automatically the final amount due. Obtain advice on the actual documents before accepting an unexplained charge.
5. Does the new firm automatically pay the old firm's costs?
No automatic assumption is safe. The firms may agree arrangements, but you need to understand whether any obligation remains yours and how it affects settlement or failure of the claim. Obtain a written explanation covering earlier costs, future charges and expenses. Acceptance of the case by a new firm does not itself erase the financial commitments under the previous retainer.
6. Will my existing insurance continue after transfer?
Check the policy and obtain confirmation through the appropriate route. Consent, notification or other conditions may apply, and the new arrangement may not provide equivalent cover. Give the new firm all insurance documents before committing. Do not cancel existing cover or assume protection continues unchanged merely because both firms describe their work using similar funding language.
7. What documents should be transferred first?
Prioritise the current status, live deadlines, court orders, hearing notices, offers and key evidence needed for immediate decisions. The full file should follow through an agreed secure process. A large archive is not useful if the urgent document is missing or unidentified. Provide an index and ask the new firm to confirm receipt of critical material and any significant gaps.
8. Who handles a deadline while the file is moving?
Ask both firms to make responsibility explicit for each imminent task. The new firm may still be reviewing acceptance, while the old firm's role may be changing. Do not assume one must be handling it simply because both know about the transfer. Obtain written confirmation of who will advise, obtain authority and take the required step before the relevant date.
9. Does requesting my file mean the new solicitor has accepted the case?
Not necessarily. File review can precede a decision about scope, conflicts, funding or capacity. Ask whether any work has been accepted and what remains pending. If urgent action is needed, identify it separately. The legal relationship depends on the circumstances, but practical reliance should be based on clear confirmation rather than inference from a document request.
10. Do I need to tell the court about a change?
Where proceedings exist, formal notice requirements may apply under the relevant rules. Ask the solicitor who will handle filing and service and when the new address for service takes effect. Do not assume telling the old firm is enough, or send informal notices without advice. Keep confirmation so future communications and obligations are directed to the correct place.
11. Can the new firm use the existing medical report?
It may be able to rely on or work with existing evidence, subject to the instruction, procedure and any issues requiring review. A transfer does not automatically justify another report. Ask why new evidence is proposed and what question it would answer. Preserve all report versions, instructions and clarification correspondence so the new adviser understands the evidential history.
12. Should I cancel an examination booked by the old solicitor?
Do not cancel or miss it automatically. Tell the new firm about the appointment and ask who is managing it, whether it remains appropriate and whether cancellation costs arise. External commitments can continue during a transfer. Clear coordination prevents duplicated appointments or lost evidence and ensures the provider knows the proper contact for instructions and payment questions.
13. What happens to money held by the old firm?
Ask for a reconciliation identifying client money, payments made, outstanding liabilities and any proposed transfer, return or retention. The reason for each treatment should be explained. Verify bank arrangements through trusted channels. The new firm needs accurate records of interim compensation and expenses so final accounting does not omit a credit or count an earlier payment twice.
14. Can I transfer while disputing the old firm's bill?
The issues may need to be managed together but should be analysed separately. Obtain advice about the bill, file release and live claim obligations. A costs dispute does not automatically suspend court deadlines. Do not sign a broad acceptance of charges without understanding it, but ensure the urgent claim-management plan is clear while the financial disagreement is addressed.
15. Should I tell the new solicitor about adverse evidence?
Yes. Provide unfavourable reports, disputed facts, prior offers and any procedural problem. Withholding them can lead to incomplete advice and duplicated work. A transfer is not an opportunity to restart the account without difficult material. The new adviser needs the true position to decide whether to act and what strategy or remedial steps are appropriate.
16. Is a complaint against the old firm part of the injury claim?
It is a separate issue, even if it concerns the handling of the same file. A service complaint, bill challenge or possible negligence claim can involve different scope, procedures and deadlines. Ask whether the new firm accepts that additional work or whether another adviser is needed. Do not assume it is included simply because the concern caused you to change solicitors.
17. How much work should the new firm repeat?
It must review the file sufficiently to act competently, but unnecessary duplication should be explained and avoided. Ask what existing evidence will be preserved and why any fresh statement, report or calculation is required. The decision should address an actual gap, change or procedural need. Repeating work solely because another firm produced it can add cost without improving the claim.
18. What if the old firm is slow to send the file?
Identify the missing items and any urgent consequence, and ask the new firm about appropriate follow-up and interim action. Keep requests and responses. Do not wait passively for a complete archive if a hearing or offer requires a decision. The adviser should assess what can be done with available documents and what specific material is essential to proceed safely.
19. What should the first meeting after transfer cover?
Review deadlines, disputed issues, evidence gaps, funding, costs, next decisions and communication arrangements. Confirm your own tasks and the firm's accepted responsibilities. Ask what meaningful progress is expected before the next update. A clear baseline helps preserve completed work and makes any change in strategy understandable, rather than allowing the new relationship to inherit the uncertainty that prompted the move.
20. What should I provide to AJ Solicitors about a possible transfer?
Provide the current claim stage, reason for moving, live dates, key evidence, existing retainer, insurance and costs information. State whether you want a limited review or consideration of full takeover. The firm can assess private-fee work under agreed scope. Obtain written acceptance before assuming it will request the file, respond to offers or assume deadline responsibility.
Make the handover a documented change of responsibility
Use the personal injury claims enquiry page to explain the proposed transfer and any immediate decision. Request a clear assessment of acceptance, funding and next steps. The new arrangement should be understood before you rely on it.
A well-managed transfer preserves evidence and completed work, resolves who owns live tasks and makes the financial position transparent. Those details matter more than simply changing the firm named on correspondence, because the claim continues to carry obligations throughout the handover.
