Changing family law solicitor is a crucial decision. It can influence the direction, pace and ultimately the outcome of your case. Whether you are involved in financial proceedings arising from a divorce or separation, proceedings concerning child arrangements or an international or expatriate divorce, the relationship with your solicitor must be built on trust, clarity and confidence. If any of these are lacking, a change in representation may be necessary.
Many clients worry that switching lawyers mid proceedings will slow the case down, increase costs, or even harm their position.
In reality, if the process is managed properly, changing solicitor can improve the progress of a case, sharpen strategy and reduce stress. At Edwards Family Law we regularly assist clients who instruct us mid way through proceedings. Such clients may feel unheard, unsupported or uncertain about the strategy being taken by their former solicitors.
Below are five common fears clients have about changing lawyers and how these can be easily addressed.
1. Delays
Clients often worry that switching solicitors will delay their case, put them at risk of missing deadlines of cause a loss of momentum especially if court proceedings are underway and there is a court hearing or an urgent deadline (such as the filing of witness evidence) coming up.
Our team is experienced at stepping in mid proceedings without disrupting timelines. We can conduct a rapid assessment of the file immediately after instruction and work swiftly to meet urgent deadlines. Now that court administration is dealt with via the online HMCTS portal, we can take over communication with the court and the other side straight away.
Often the case will actually move forward more quicky once a more focused and proactive approach is in place.
2. Costs
Clients often assume that a new solicitor will need hours of time at significant expense to understand a case from scratch. Our team prioritise key documents so that we can get up to speed efficiently and not waste time on reading unnecessary documents. Any work undertaken will be linked to a strategic benefit not box ticking or duplication of work. In some cases we can also offer a fixed fee for reading in.
Clients often find that having a fresh pair of eyes review the strategy can in fact save them legal costs in the long run by avoiding missteps or wasted work.
3. Concerns about the current solicitor refusing to transfer the file
Some clients are concerned that if they switch solicitors their current lawyer might refuse to release their file. While solicitors do have certain rights over a file which are linked to the recovery of unpaid fees, a solicitor may exercise a lien over a client’s file only if they have not paid fees owed for work already done. Once a bill is fully paid the solicitor cannot legally withhold the file and solicitors are bound by professional rules to cooperate with the transfer of a client’s papers once the outstanding fees are settled. This includes correspondence, court documents, financial disclosure and witness statements.
4. Concerns that the case may look disorganised/ chaotic
Clients sometimes worry that switching lawyers might make them appear disorganised or difficult in the eyes of the court. In reality, judges are accustomed to parties changing representation during proceedings. It is not unusual, and the court understands that clients are entitled to choose the solicitor who best represents their interests.
Ultimately, the case will be assessed on its merits, not on whether a party has changed solicitors. A well managed transition, handled professionally, will have no negative impact on how the case is viewed by the court.
5. Disruption to working relationship with a barrister
Clients sometimes worry that switching solicitors will disrupt their working relationship with a barrister already instructed on a case, but this is rarely a problem. Barristers are independent practitioners; a change of solicitor does not affect their ability to continue representing the client. Barristers are accustomed to receiving new instructions from a replacement solicitor and can continue their work without interruption. A new solicitor will bring fresh oversight and ensure that the barrister’s work aligns closely with the client’s update strategy and objectives.
How the partners at Edwards Family Law can assist
At Edwards Family Law, our clients benefit from the experience and expertise of our partners, who have strong track records at leading family law firms. Kelly Edwards, formerly of Sears Tooth, brings extensive experience in complex financial and high net worth divorce cases. Dan Chalmers, formerly of Clintons, has specialist expertise in financial remedy proceedings as well as children and family disputes, ensuring sensitive matters are handled with care and strategy. Sarah Walker, formerly of Hughes Fowler Carruthers, offers deep knowledge in financial remedy and ancillary relief proceedings, providing pragmatic solutions and clear guidance. Together with the associates, they ensure a smooth transition for clients changing solicitors, protecting deadlines, maintaining continuity, and delivering the high quality, tailored advice that family law matters require.