Can I change my solicitor during an investigation?
If you're facing a legal investigation, the process can often feel overwhelming and complex and this is only exacerbated if you make the decision to change your solicitor partway through an active case.
Whether you’re not satisfied with your current representation or feel a change is necessary to protect your future, understanding your rights and options is crucial. At Harewood Law, we are dedicated to guiding you through every stage of the legal process, ensuring your case is handled with the utmost care and attention. This includes aiding you through your change of solicitor and advising you on the critical factors you should consider when making such a decision.
Can you change your solicitor during an investigation?
Yes, you can change your solicitor during an active investigation. It is your absolute right to have control over who represents you, whether you have been accused of criminal activity or are prosecuting against criminal activity, and this does not change once an investigation has started.
Why might you change solicitors
If you are at any stage unhappy with the service a solicitor provides, you may wish to change your solicitor. A concrete reason is not a necessary requirement; you may simply feel that the solicitor you originally tasked with your case is not the right fit.
However, identifying why you are not happy with the work of your previous solicitor will aid you in your search for the most appropriate representation. Common reasons include:
There are delays with the case
Your solicitor is not responding or keeping you up to date
You feel your solicitor is under experienced in the area of law pertaining to your case
The firm is closing down
Your solicitor is negligent
You have not seen sufficient progress
You were advised to accept a low settlement
How to choose your new solicitor
If you have had a bad experience with a solicitor then it is understandable that you would be cautious when choosing your new legal representation. The most important aspect is to not rush the decision - this is where critical issues can occur. There are a multitude of considerations to take into account, and to make the best decision for your future you should:
Speak not with the firm but with the individual solicitor who would be taking your case. Assess the chemistry, the experience and their understanding of your circumstances. This is critical.
Ask for a proposed plan for your case. The solicitor won’t be able to apply detail until they have taken your case, but understanding their approach will give you an impression on whether your outcomes are aligned.
Ask about their qualifications and experience. You may wish to request evidence of previous cases they have won.
Check their rates. Solicitors charge different rates based on a number of factors. Some are more affordable, but cost does indicate experience therefore paying more expensive legal fees could mean you are paying for a solid, sophisticated and winning defence.
How to change solicitor
The process of changing solicitor is uncomplicated:
Choose your new solicitor and explain that you will be passing your case to them.
Sign a form of authority to allow your new solicitor access to files linked to your case.
Pay any outstanding fees where necessary.
Proceed with your new solicitor.
It is worth noting that some solicitors may refuse to allow a new solicitor access to your files unless you have paid outstanding fees. If you do not wish to pay these due to professional negligence, then the matter may need to be settled before your case can proceed.
Do I have to pay my previous solicitor?
If you switch solicitors during an active case, you may have to pay outstanding fees before transferring the case to your new solicitor depending on the terms of your contract.
However, you do not have to pay legal fees if you are changing solicitors due to negligence or poor service. It is vital to have confirmation in writing from your original solicitor in this instance, as you can’t walk away from a signed contract without first settling payment.
When can I change solicitors?
You can change solicitors at almost any stage, but it is far easier if you make the switch as early as possible. The later you leave it, particularly if your case is going to a final hearing, the more complicated the switch is likely to be.
What to do if you solicitors is shutting down
If a solicitor is forced to close for any reason, the Solicitors Regulation Authority (SRA) will pass any existing clients to be safely held by another solicitor. This does not mean you are then obligated to continue with the holding solicitor.
The holding firm will contact you regarding your case and ask your preference on what to do with your documents. This usually involves handing them to another solicitor of your choice.
Any outstanding fees or payments that are being held by your solicitor will be managed by the holding firm, so you don’t have to trace the money yourself.
How to change solicitors to Harewood Law
If you wish to change your solicitor and are considering Harewood Law as an option, then we are more than happy to have a discussion about your case to determine whether we are the most suitable option for you. Simply get in touch with the details of your case, and outline in your inquiry that you are looking to switch solicitors so we can be better prepared upon initial consultation.
Harewood Law are expert criminal defence lawyers specialising in serious crime, financial crime, road traffic offences, criminal appeals, inquests and regulatory law.
Our aim is to give every person a chance to fight for justice, as the law allows. We make sure you have the most experienced criminal defence team in your corner to build a robust case defence, and provide legal advice throughout the duration of your case.
Contact Harewood Law today, we work on both privately funded and serious Legal Aid cases across Leeds, Bradford, Halifax, Wakefield, Huddersfield, Keighley and across West Yorkshire and the UK.
0333 3448377 | info@harewoodlaw.com