Changing Lawyers

Can I change lawyers during my claim?

In Queensland, you are entitled to change lawyers during a personal injury or compensation matter.

People consider changing lawyers for many reasons, including communication, continuity, or changes in circumstances.

We consider requests to take over matters carefully, based on the stage of the matter and what work has already been done. Some requests do not result in us acting. If we are not able to assist, we explain that clearly and, where appropriate, outline other practical considerations that may assist you.

An initial discussion does not commit you to changing lawyers.

Do I need a special reason to change lawyers?

No. You do not need to justify your decision to anyone.

That said, it is important to understand how the change may affect timing, costs, and the progress of your matter. Those issues can be explained before any decision is made.

How does the process usually work?

In most cases, changing lawyers involves:

• • appointing a new lawyer, if you decide to do so
  • having your new lawyer notify the previous lawyer that you are transferring your matter
  • arranging for the file to be transferred
  • reaching agreement regarding payment or deferral of payment of any outstanding fees or disbursements

Insurers and other parties are then notified of the change. The steps are administrative, but timing and coordination matter.

What happens to my file and documents?

Your file belongs to you. 

When a lawyer is changed, the existing lawyer will usually transfer the file so the new lawyer can understand what has already been done. This can include correspondence, medical records, and other documents relevant to the matter.

However, if there are unpaid legal costs, the previous lawyer may have what is called a lien over the file. In simple terms, this means they are entitled to hold the file as security for their outstanding fees and expenses until those costs are addressed.

In practice, this does not usually prevent a transfer from happening. Most commonly, an agreement is put in place to protect the previous lawyer’s costs and interests. This may involve the new lawyer giving an undertaking or the client signing an agreement confirming how those costs will be dealt with if the matter is successful.

Once appropriate arrangements are made, the file is transferred so the matter can continue without unnecessary delay.

What about legal costs if I change lawyers?

Costs are an important issue to understand.

If work has already been done, the previous lawyer may have an entitlement to be paid for that work. How and when those costs are addressed depends on:

• • the type of matter
  • the costs agreement you signed
  • the stage your claim has reached

Changing lawyers does not usually mean paying everything immediately, but costs should be discussed carefully so there are no surprises later.

How does James Law approach matters where a lawyer has already been acting?

James Law considers requests to take over matters carefully.

We look at:

• • the stage the matter has reached
  • what work has already been done
  • how the claim is currently progressing
  • whether taking over the matter is appropriate

Not every request will result in us acting. Where we are not able to assist, we explain that openly.

Where we do act, the focus is on understanding the person, the facts, and the law as the matter now stands — not starting again unnecessarily.

Will changing lawyers delay my claim?

A change of lawyers can sometimes cause short delays, particularly while files are transferred and reviewed.

Part of the assessment process is to explain whether a change is likely to affect timing and, if so, how. In some cases, a change may have little practical impact. In others, careful planning is required.

Is changing lawyers the right decision for everyone?

Not always.

In some situations, staying with the current lawyer may be the most straightforward option. In others, a change may be appropriate. This depends on individual circumstances and what is happening in the matter.

Understanding the practical consequences before deciding is important.

What can people expect from James Law?

People who contact James Law about changing lawyers can expect:

• • a calm discussion about their situation
  • clear explanations of the process
  • practical advice about whether a change makes sense
  • direct involvement from the lawyer handling the enquiry, if we act
  • no outcomes are promised.

Whether James Law is prepared to act depends on the circumstances of the matter.