You are under no obligation to stay with your current personal injury solicitor. If your claim has stalled, communication has dried up, you feel pressured to settle too low, or your firm has gone out of business, you have an absolute right to move the file to another solicitor - and the process is far simpler than most claimants assume.
You are under no obligation to stay with your current personal injury solicitor. If your claim has stalled, communication has dried up, you feel pressured to settle too low, or your firm has gone out of business, you have an absolute right to move the file to another solicitor - and the process is far simpler than most claimants assume.
This guide walks through why clients switch, how the transfer works mechanically, the cost position (spoiler: you don't pay anything out of pocket), and the specific steps to take if your current firm has closed or been intervened by the SRA. Every case we take on transfer is assessed with a fresh eye - including whether it could have been progressing differently.
Common reasons to change solicitors
Most transfers fall into one of a predictable set of patterns:
Progress has stalled
Months pass without meaningful action. No medical evidence instructed. No Letter of Claim sent. No update from your handler in weeks. The simple test: is your claim measurably closer to resolution this month than last?
Poor communication
Calls not returned. Emails left for weeks. Difficulty getting anyone on the phone. A good firm has named, reachable handlers; a poor one has a call-centre feel where no one owns the case.
Pressure to settle early / low
Your solicitor seems to be pushing you to accept the first offer without pursuing evidence, second medical opinions, or proper quantum development. Often a sign of a firm prioritising turnover over case value.
Unexplained deductions or changes to the CFA
Changes to the Conditional Fee Agreement or ATE terms without proper explanation. Demands for upfront fees or 'administration charges' beyond the original CFA. Full detail on what a CFA should look like is in our no win no fee guide.
Conflict of interest concerns
Your firm also acts for the defendant's insurer in unrelated matters; or the handler is related to someone involved; or you're one of many claimants with similar facts being managed as a template when yours is more complex.
Your firm has been taken over, closed, or SRA-intervened
Several large PI firms have closed or been intervened by the SRA in recent years. If this has happened to your firm, your file is still yours - but you need a new solicitor quickly.
Your solicitor wants to drop the case
Sometimes it's the firm that wants to end the relationship - they've reassessed and don't want to continue on the CFA. A second-opinion firm can often pick up claims the first firm rejected, particularly where the reason is commercial rather than merit-based.
Are you allowed to switch? Yes - unconditionally
Your right to choose (and change) your solicitor is a fundamental part of the solicitor-client relationship. The Solicitors Regulation Authority's Code of Conduct for Solicitors makes clear that solicitors must put the client's best interests first and must act with independence and integrity. A solicitor cannot 'refuse' to release your file because they don't want to lose the case; they must transfer it on reasonable terms.
You don't need to give your existing firm a reason. You don't need their permission. You don't need to tell them yourself - your new solicitor handles the notification.
How the transfer works - step by step
- Free consultation with the new firm. You call the proposed new firm, explain the situation and (ideally) provide the claim reference and the accident date. A specialist reviews whether the case looks viable to transfer.
The whole process typically takes 10-20 working days from first call to the new firm taking active control of the claim. Most of that time is file transfer, not onboarding.
What does it cost? - nothing out of pocket
This is the biggest misconception about changing solicitors. Clients fear they'll have to pay the old firm out of their own pocket. They don't.
- The old firm's costs are 'deferred'. Under the undertaking from the new firm, the old firm's costs are paid at the end of the claim - usually from the costs recovered from the defendant's insurer.
The net-cost position at the end of the claim should be very similar to what it would have been if you'd stayed with the old firm - two success fees are NOT charged. The old firm recovers its base costs (and sometimes a pro-rata success fee) up to the transfer; the new firm recovers from transfer onwards. Your solicitor on both sides is responsible for not double-charging you.
Timing - the three-year deadline and other triggers
The one time-pressure to be aware of: your three-year limitation deadline under the Limitation Act 1980 doesn't stop because you're switching solicitors. If your claim is approaching the three-year anniversary and proceedings haven't been issued, you should act quickly. A good new firm can still transfer in and issue protective proceedings in days if needed - but leaving it to the last minute is avoidable stress. See time limits.
Other time triggers to consider:
- A Court-listed hearing date that needs a continuity plan.
If your firm has closed, been intervened, or been taken over
Several large personal injury firms have closed or been subject to SRA intervention in recent years. If that's happened to your firm:
- Check the SRA closed-firms register to confirm the status.
We've handled many transfer-in cases from closed and intervened firms. If this is you, call - we'll tell you what to do next.
What to have ready when you call a new firm
A 15-minute call is usually enough if you have:
- Your current solicitor's name and firm.
If any of these are missing, don't worry - the new firm handles the retrieval. Most clients don't have everything to hand.
If you also want to complain about the old firm
Transferring solicitors and complaining about the old firm are separate things - you can do either or both. Routes for a formal complaint:
- Step 1: Internal complaint to the old firm. Every firm is required to have a complaints procedure. Put your complaint in writing; they have eight weeks to respond.
Switching to a new firm doesn't affect your right to complain about the old one. The two processes run in parallel.
Choosing the right new firm - what to look for
- Regulated - SRA-registered, subject to the SRA Code of Conduct and the Legal Ombudsman.
