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Can I Change Lawyers Partway Through My Case in Queensland?

Legal Representation
A client's file folder being handed across a desk from one solicitor to another, in navy and gold tones.
A client's file folder being handed across a desk from one solicitor to another, in navy and gold tones.

Feeling uncomfortable with a lawyer partway through a legal matter is a common and entirely manageable situation. You are not locked in.

Can you switch lawyers at any point?

Yes. You are free to change your legal representation at any time, in any type of matter, whether that is a divorce, a will, or a commercial dispute. There is a practical benefit to staying with one firm if they already hold your files and understand your matter, but that benefit does not create any legal obligation to remain.

What do you need to check before switching?

Review your client services agreement, which sets out the terms of your engagement, including how outstanding fees are handled.1 Typically, you need to settle any bills owed before your file is transferred to a new firm. If you have only paid for an initial consultation and have not signed a further engagement contract, you are generally free to move without further obligation.

Does it matter if the new matter is unrelated to the old one?

It can simplify things. If your prior lawyer handled an unrelated matter, such as a testamentary trust, much of that file will not be directly relevant to a new matter like a divorce, making the transition to a new firm more straightforward.

Meeting with a few different lawyers before committing is a reasonable and common approach. The client-lawyer relationship works both ways, if a firm is not the right fit for you, you are entitled to look elsewhere.

  1. Legal Profession Act 2007 (Qld) pt 3.4 (costs disclosure and billing). ↩︎

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