I’m not happy with my lawyer

I am getting increasingly frustrated with the solicitors my insurance company arranged for me. I was in hospital with some nasty fractures when they signed me up as a client, and I didn’t really have time to do my own research on which law firm to use. My telephone calls and e-mails go largely unanswered and then when I do hear from them it seems that nothing is happening.

I have read that I can change solicitors.  If I do, will I have to pay the current firm for their work over the last year?

Mo, by e-mail

Answer

The good news is that you are free to use solicitors of your choosing and you don’t have to stay with the firm arranged for you by the insurance company. We frequently take over serious injury cases from other firms, almost always insurer-appointed firms.

Your new solicitor will send you a form of authority to sign which will authorise the current firm to release the file to the new solicitor. The new solicitor will usually provide an undertaking (a legal promise) to the other firm confirming that they will preserve the old firm’s entitlement to costs and that those costs will be included in the claim for costs at the conclusion of the claim, meaning you need not worry about having to pay the costs incurred to date.

It is very rare for a firm to dig their heels in over costs when a legal undertaking can be given by the new firm.