Changing Solicitor Guide
What you need to know
If you are considering changing solicitors, you are in the right place.
We have successfully taken on matters from other solicitors in many instances, for example;
- Their case was rejected after three years of litigation
- Case rejected by up to 33 other law firms
- Their case was rejected/closed when the third party alleged dishonesty
- They were advised they did not have a case
- They were told any settlement would be small
- They were recommended to accept a very low settlement
- They were told they had no case
- Their solicitor refused to offer a no win no fee
Here is a summary of just some cases where switching to Aston Knight Solicitors made all the difference … the Aston Knight Difference.
An example of a case where switching to Aston Knight Solicitors was the right choice for this client.
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Case Study
£10,000 for injured gym user who had been told he would not succeed
Mr D (name anonymized to protect client confidentiality) suffered an accident whilst using a defective piece of gym equipment. He first instructed a local, high street law firm who pursued a case for him. The gym’s insurance company investigated the case and denied legal liability. The law firm in question advised him that he would not succeed and that they were closing their file of papers. He contacted Aston Knight Solicitors for a second opinion and we recognised that it may still be possible to secure compensation from the company with responsibility for maintaining the gymnasium equipment. After further investigations and negotiations with them we were indeed able to secure an admission of liability from the gym equipment company’s insurers and, following on from that, an overall settlement of £10,000 with which Mr D was delighted.
This guide explores the process of changing from one solicitor to another.
Many individuals who pursue personal injury or clinical negligence claims may navigate the process without actively selecting their legal representation.
This is quite remarkable when you ponder it – one of the most crucial decisions in a claim is often entrusted entirely to others.
This scenario arises when third parties like claims management companies, insurance firms, or trade unions get involved. They assign cases to law firms they regularly work with, without consulting the client whose claim it is. Consequently, the firm handling the case is chosen based on factors like workload capacity and pre-existing relationships, rather than expertise and proficiency.
An example of the importance of choosing your own solicitor and doing your own research and acting on recommendations.
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Case Study
£5.7m for injured soldier told by two national firms and two senior barristers that he didn’t have a case
The client suffered a lifting injury whilst working in a military hangar. Despite strong recommendations from the military doctor, his chain of command failed to make suitable adjustments for him in order to allow him to recover and, instead, increased his workload causing him to deteriorate substantially over the following year until he was, regrettably, left very heavily disabled. He originally instructed a large national personal injury firm (Setfords) who profess to specialise in claims for injured soldiers. After pursuing the case for a number of years, including obtaining advices from two senior barristers, they informed him that he did not have a case and they closed their file.
He then tried approaching one of the largest personal injury firms in the country (Irwin Mitchell) to see whether they would take his case on, but, following review, they also rejected his case. Thankfully for him, an acquaintance recommended our firm and our Mr Khan spoke to the client and agreed to do a free of charge independent review of the case papers. Following that review we identified a number of lines of enquiry that had not been followed up and we believe that, with the right tactics, the case could in fact be won. Both of those firms, and both senior barristers, had failed to pick up on certain pieces of evidence that we believe could be used to turn the case around. We were ultimately proven correct and were able to negotiate a final overall settlement of £5.7 million which will enable the client to obtain a specially adapted home and to pay for specialist private care in order to improve his quality of life.
The senior barrister that we appointed, being one of the leading personal injury barristers in the country, commented after the case that if it was not for the hard work we had put into the case then the client would not have recovered compensation. This was therefore an extremely rewarding case for us to be a part of and we are very proud to have made a difference in the life of this severely disabled client who had been left with no hope.
So, what options do you have as the client in such a situation? Or if your current solicitors are not meeting your expectations?
Do I have the right to change my personal injury solicitor?
Absolutely!
You have the right to change solicitors at any point during your personal injury claim. It’s your decision on who represents you. If you are dissatisfied with your solicitor’s service or communication, consider changing.
If you lack confidence in your solicitor’s abilities, perhaps your case is being handled by an unqualified paralegal, or if you lack confidence in the expertise of the medico-legal experts involved in your case, changing solicitors might be beneficial.
Some firms rely on medical agencies to find medico-legal experts, and these experts may not always have the required experience for your specific situation.
For instance, in cases of Complex Regional Pain Syndrome, it’s essential for both your legal and medical teams to fully understand this condition for your case. If your solicitor does not fully understand your medical condition and the impact it has on your personal life then this may result in an under settlement.
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Case Study
£149,000 for mother with psychological injuries who had been told the claim value would be so small the case would not be worth pursuing
Ms H (name anonymized to protect client confidentiality) suffered psychological injuries as a result of the death of her baby daughter following medical negligence on the part of the defendant hospital. Before speaking to Aston Knight Solicitors she and her husband had made enquiries with another law firm who advised them that the settlement value would likely be so small that it would not be worth pursuing a claim. Despite receiving this advice they spoke to us to seek a second opinion and we advised that whilst settlement values can sometimes be on the lower side in fatality matters, there are additional types of compensation that can be pursued when someone has suffered psychological injuries. After discussing with them it appeared to be the case that the law firm they have spoken to had not taken into account these additional types of compensation.
At the end of the case Ms H commented:
“I cannot think you enough for all you have done for myself, my family and my beautiful baby”
If you have doubts about your solicitor, changing is an option at any time. Consider the timing, especially if the third anniversary of your accident is near and court proceedings haven’t begun. Delays in transferring your file from your previous solicitor could lead to complications.
Generally, it’s advisable to switch solicitors sooner rather than later as this will ensure your claim progresses smoothly from the outset, reducing the effort needed to rectify mishandled cases.
Can you change solicitors halfway through a claim?
Absolutely – the new solicitors can send the signed transfer form to your current solicitors and then complete the remainder of your case for you. Whilst the best time to transfer tends to be as early as possible, we have taken on cases from other firms of solicitors that have been going on for years so it often is never too late to change.
The new solicitors agree to cover the old solicitors costs, so there should not be any financial impact on the client if they decide to change.
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Case Study
£20,000 for injured passenger who was told there was no way to proceed further with his case
Mr T (name anonymized to protect client confidentiality) suffered a neck injury whilst a passenger in a taxi. He instructed a large national law firm who accepted his case but then after a period of months advised him that there was no way to trace the defendant driver’s insurance details. They then advised him that they were unable to proceed any further and closed his file of papers. He instructed us to review his case and we advised that normally it is quite easy to trace the insurance details in these situations, particularly given the accident occurred in a taxi. We obtained a copy of their file and quickly located the relevant insurance details before obtaining a medical report and then entering into settlement negotiations. After period of negotiations we were able to agree a compensation figure of 20,000, which the client was delighted to receive.
The law firm in question, who we do not name for professional reasons, markets themselves as one of the leading national firms in the country but in this instance had failed to take the quick steps to advance the case and we were pleased that we were able to secure such a settlement for a client who had been led to believe he did not have a case.
How do I change my solicitor?
A very common question which actually has a very easy and quick answer. All you need to do is discuss your case with another firm of solicitors (who due to reasons of client confidentiality will not make your current solicitors aware) and if the new solicitors are happy to take your case on they will send you a form to sign which authorises transfer of the file to them and then they will send that signed form onto your previous solicitors, who must then transfer the file.
In our experience many people are unnecessarily nervous about changing their solicitor, and many people are under the impression that it is not possible, but the truth is that it is an easy and quick process. Therefore, if you are not happy with your current solicitor then you should feel free to speak to another solicitor because, after all, you only have one chance to pursue your legal action and so it is important that you have the right solicitor, even if that means changing.
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Once you have decided to switch solicitors, the process is simple:
- Instruct your new solicitor to take over your personal injury claim.
- You are not required to inform your former solicitor about your decision to switch.
- Your new solicitor will contact your former solicitor to confirm your instructions and request your files.
- Your former solicitor will provide your files after your new solicitor assures that they will honour the costs owed at the end of your claim.
- Your files will be transferred to your new solicitor, and all future communication will be with them.
Factors to consider when contemplating changing personal injury solicitors
It is important to bear in mind that if a solicitor, legal executive, or legal advisor doesn’t provide the response you’re hoping for, it doesn’t necessarily indicate incompetence.
Switching solicitors or legal representatives might be simple, but it’s a decision that shouldn’t be taken lightly. Before making such a significant change, consider these key factors:
The primary concern should be whether you have complete confidence in the new solicitor (not a paralegal!) to handle your case more effectively than the previous one. To assess this:
- Have an in-depth conversation with the individual directly handling your case. Do you trust their capabilities? Follow your instincts.
- Inquire about their qualifications and experience, requesting examples of similar cases they’ve successfully handled.
- Verify if they have a track record of successfully resolving cases similar to yours. For complex injuries, it’s vital that your solicitor comprehensively understands your situation to engage the appropriate medical experts and provide accurate legal advice.
- Request a proposed action plan for your case from the potential new solicitor or legal executive. Understanding their strategy and how it compares to your current representative’s plan is crucial.
- Can the new solicitor secure interim payments for you? If so, what amount are they aiming for?
- Review the funding arrangements of the potential new solicitor. Do they work on a ‘No Win No Fee’ basis? Are there additional costs you’ll need to cover?
Remember, changing legal representation should be a well-considered decision based on these factors.
Who will cover the previous law firm costs?
Many clients who have switched law firms often enquire about who will cover the costs accrued with their previous legal representation. Rest assured, your case file is your property, although your solicitor typically has the right to retain it until their fees are settled or an arrangement is made between the two firms.
Fortunately, this situation rarely leads to complications. The vast majority of former legal representatives are willing to release your file upon receiving a legal assurance (an undertaking) from your new solicitor that they will address the previous firm’s expenses when the case concludes.
How can I switch to Aston Knight Solicitors?
If you’re considering transferring your personal injury claim to our team of experienced solicitors, don’t hesitate to reach out to discuss how we can assist you. Rest assured, there should be no legal expenses involved, as we aim to negotiate a cost arrangement with your previous solicitors upon the case’s completion. Once this matter is settled, your previous firm will transfer the necessary documents to us, allowing us to swiftly and successfully handle your case.
We’ve observed an increasing number of clients opting to move their personal injury compensation claims to us due to dissatisfaction with their previous legal representation. In recent years, many firms in the personal injury sector have faced challenges in maintaining profitability or hiring sufficiently skilled staff, resulting in a decline in the quality of service provided to clients.
At Aston Knight Solicitors, we remain committed to upholding our exceptional standards and exclusively engage experienced personal injury solicitors to handle such claims. This approach not only enhances the service level for our clients but also boosts their chances of a successful outcome and obtaining maximum compensation.
Take a look at these examples of cases in which clients transferred to Aston Knight solicitors and secured a much better outcome.
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Case Study
£25,000 for injured shopper who was told he did not have a case
Mr M (name anonymized to protect client confidentiality) was injured when his shopping trolley crashed into a stone pollard that had been positioned at the bottom of a slope outside the shop, crushing his thumb. Before speaking to Aston Knight solicitors he had spoken to 4 or five other law firms who all provide the same advice: that his prospects of success were poor and the case was therefore not good enough to take on. Upon discussing the case with him we took the view that the store should not have had a large positioned at the bottom of the slope immediately outside the shop as there would be a foreseeable risk of trolleys crashing into it. We therefore accepted his case on a no-win no fee basis and following investigation learnt that the shop in question had in fact already appreciated the danger posed by the stone pollard but had failed to take action in time to prevent his accident. Following pressure from us they admitted liability and then in due course negotiations yielded a £25,000 settlement with which Mr M was delighted.
At the end of the case the client commented:
“Excellent service and very professional”
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Case Study
£40,000 for family of medical negligence victims who had been rejected by a number of other firms
Mr and Mrs W’s son was the victim of medical negligence in May 2017. They tried speaking to a number of local personal injury firms who all emphatically rejected the case and were not prepared to take it on a no-win no fee basis. They received a suggestion of speaking to Aston Knight solicitors which they did and, following a preliminary review of the case on the evidence, including discussing with a barrister, we arrived at the view that the case did have reasonable prospects and therefore accepted it on a no-win no fee basis. Although the case was a challenging one, and at times hotly disputed by the defendant hospital, ultimately they agreed to settle the case for £40,000.
At the end of the case the family commented:
“We all consider it was a very lucky day when you agreed to represent us”
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Case Study
£215,000 for business that had been advised to accept £50,000
Recently we accepted instructions from a Lake District country home wedding business who had up to that point been with a local firm in the Lake District. The firm representing them did not have much faith in the case and advise them that they should consider lower value settlements rather than risk proceeding further forwards. When the defendant made an offer of £50,000 they advise the client that the offer placed them at risk. They contacted Aston Knight solicitors for an off the record second opinion as they were not content with a valuation in the region of £50,000. Following a review of the evidence in the case we advised that they should indeed be seeking a greater settlement than £50,000 and following a transfer of the file we engaged in further negotiations with the defendant and ultimately arrived at a costs inclusive settlement of £215,000.
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Case Study
£36,000 for injured tripper told that it was not possible to continue with her case
Ms Q (name anonymized to protect client confidentiality) had instructed a large national personal injury firm following a tripping accident she had suffered outside her rented property. Following investigations, they have advised her that it was not possible to identify who had legal responsibility for the area in which she fell. She consequently lost faith in that firm and spoke to Aston Knight solicitors for a second opinion. We advised that it should indeed be possible to identify the legal owner and we accepted a transfer of the case papers. We were indeed able to identify the party with legal responsibility and was subsequently able to obtain an admission of liability from their insurance company. Following obtaining specialist medical evidence into the nature of her injuries we were able to negotiate a settlement in the sum of £36,000 with which she was delighted.
At the end of the case she commented:
“Thank you so much for your hard work… …from the start to the end you have been patient and helpful in keeping me up to speed on the case. Thank you.”
What should I do next?
If you would like to talk to us about taking over your claim, simply call us on 0161 399 1231, email info@astonknightsolicitors.co.uk Our specialist team will explain the process to you and advise on whether we can take on your case, free of charge and without obligation.
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