Changing Law Firms During A Case

When you engage a legal professional, you want to be 100% confident that they’ll achieve the best possible result for you. An inexperienced or ineffective lawyer could cost you thousands in lost compensation.

Sometimes it’s better to change lawyers than risk the one you have. Here are some tips for ensuring a smooth process if you are Changing law firms during a case.

 When to change lawyers

While changing lawyers mid-case is a big decision, there are some situations where you should consider it:

  • You’re unhappy with your lawyer’s performance and don’t believe they will get the best result for you.
  • Your lawyer isn’t prioritising you – they don’t return phone calls or they delegate your work to junior staff.
  • Your lawyer doesn’t specialise in your type of compensation claim.
  • You’re moving interstate where your usual lawyer can’t practice.

Is it the right decision?

You’re able to change lawyers at any time during your compensation claim. The process should be fairly quick – only a few weeks.

As most compensation lawyers work on a no-win, no-fee basis, your costs agreement should outline how to terminate your agreement. Make sure you understand this, as there could be unforeseen financial consequences if you don’t check before you leap.

Your prosed new lawyer can review the costs agreement for you and advise on any potential fallout from the switch.

How to change your law firm

Make sure your new law firm has the experience and skill to take over your claim. And that they will match the terms you had with your old lawyer. It may not be worth changing because it costs you more in the long run.

Also, understand what you want to achieve by changing lawyers – and that the new lawyer will solve that problem. If you feel the case is moving too slowly, make sure the problem is your lawyer and not some problem out of their control.

You will usually sign a document authorising your new lawyer to take over the case. When your old lawyer receives this, they’re no longer your lawyer. Your new lawyer can’t proceed until this is completed.

The new lawyer will usually request a copy of your file from your old lawyer.

Costs for work completed

A common question is about how much you will pay your old lawyer for work completed to that point.

They will usually send a bill of cost to cover that work. In a no-win, no-fee agreement, you will pay these costs when you win the case. Your new lawyer will analyse the bill and advise if it’s reasonable.

If it’s unreasonable and your old lawyer won’t discount the amount, your new lawyer can request a formal assessment of costs.

Do you have to start the claim over?

No, not necessarily. Your new lawyer will need time to obtain the file from your old lawyer and get up to speed on the case. But there’s no need to start the claim over when changing law firms during a case.

Lawyers in different states

If you’re injured while travelling interstate, the laws around your case will apply to the state where the accident occurred, not where you live.

As personal injury laws vary across states, your lawyer in your home state might not be across the laws where you are. Therefore, you should consider engaging a lawyer in the state where you were injured.

If you have suffered an injury or accident in New South Wales or Queensland while visiting from another state, we can assist you. Contact Main Lawyers for advice on how to proceed.

How we can help

If you want to change personal injury lawyers, our expert team at Main Lawyers can walk you through the details.

We offer a free initial consultation and ‘no-win, no-fee’ basis to minimise the cost of changing lawyers. We can also negotiate the file transfer for you to reduce the stress of dealing with your old lawyer.

Changing law firms during a case doesn’t have to be difficult. Contact Main Lawyers today to see how we can help.

Recent Articles

How self-driving cars will affect personal injury laws

While many technological developments are exciting, the law often struggles to keep up with their use. One such development is self-driving cars. We may not have driverless cars on Australian roads yet – but advancement is happening all the time. This brings up...

Time limits for personal injury claims in Queensland

If you’ve been injured as a result of someone’s negligence, you can make a compensation claim under personal injury law. However, you should act promptly as there are time limits (or statute of limitations) on personal injury claims. And different claim types have...

Compensation for lost earnings after a permanent disability

If you suffer a personal injury, such as a car accident or an accident at work, you may be eligible to claim compensation to cover lost earnings while you recover. But if you suffer a more serious physical or mental illness or injury, you may never fully recover or...

Factors that affect the value of your car accident claim

In Queensland, every car registration comes with CTP insurance. This protects you if you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger, scooter rider or even pedestrian. If your relative or dependant has died in...

Why Settle A Personal Injury Claim Rather Than Go To Court?

In Australia, most personal injury claimed are settled without the need for a court. The legislation even encourages this, by requiring parties to attend a ‘compulsory conference’ to try to agree on a settlement before starting court proceedings. Is this the best...

Do You Get Sick & Annual Leave On Workers Compensation

In Australia, all workers except casuals accrue 4 weeks of paid annual leave each year, as well as other benefits like sick leave. This leave accumulates based on your ordinary hours of work. But what happens to your leave if you suffer a work-related injury and...

Top Causes Of Medical Negligence

All medical professionals must treat every patient with skill and care. In Australia, we’re lucky to have doctors, dentists, nurses and other health professionals who bring a wealth of skill and care to their job. But sometimes medical treatment doesn’t meet the...

No-fault Accident Compensation Schemes

If you suffer a catastrophic injury in Queensland, your life will change forever. So it’s good to know there is a no-fault accident compensation scheme that can provide funding for the services and support you need – perhaps even for the rest of your life. Find out...

Am I Covered If I’m Injured on a footpath in Queensland

Every day, people in Queensland suffer an injury while they’re using public footpaths. Many injuries are simple cuts and bruises, but others are more serious – broken bones, or even brain or spinal injuries. It’s important to know whether you can make a...

SETTLEMENT CALCULATOR

SERVICES

h

ARTICLES

CONTACT