When changing lawyers, start with the next hearing, response date or other action in the case. Send the incoming lawyer the latest documents and ask whether they can take over the required work. A consultation alone does not change the representative recorded in proceedings.
Request the file in writing
Ask the outgoing lawyer for a list of the materials being transferred, with originals shown separately. Include every active matter and case number. Keep a copy of the request and record what you receive.
- Court decisions, notices and correspondence from authorities.
- Submitted documents and available proof of filing or delivery.
- Evidence, expert material and relevant correspondence.
- Originals you provided and details of material held elsewhere.
- The engagement terms, completed work, invoices, payments and expenses.
Brief the new lawyer
Prepare a short account of what you instructed, what has been done and what remains outstanding. Separate facts supported by documents from points you are unsure about. Explain why you are changing representatives without letting the disagreement replace the history of the case.
Agree which documents need reading first, any immediate action and the new fee. Ask what notices or authority documents are needed for the change. For a large case, a staged review can put the urgent papers first.
Documents and financial questions
The professional ethics code provides for returning client documents, funds and property when representation ends. Its rules also address earned remuneration and expenses when client money is returned. Request the documents and a financial statement as separate parts of the handover.
If a disagreement continues, keep the correspondence, payment records and engagement terms. The GBA Ethics Commission does not decide refunds of remuneration or compensation for damage. Ask which procedure can address the remedy you seek while keeping any urgent work on the underlying case moving.