How to fire a lawyer or solicitor

Clients have the right to change solicitors at any time and for any reason. However, solicitors may only withdraw from acting for a client in limited circumstances and they must provide reasonable notice. 

This guidance outlines the process, practical considerations and professional standards involved in ending the solicitor-client relationship.

Termination by the client

A client may terminate the appointment of a solicitor (commonly referred to as the ‘retainer’) at any time and for any reason. 

This right isn’t subject to any particular formality, although it’s advisable to provide written notice to avoid ambiguity. 

In practice, termination often occurs when a client instructs a new firm, which will typically notify the previous solicitors that it’s taking over the matter. The outgoing firm may request payment for work undertaken up to the point of termination and may exercise a lien over your file until reasonable fees are settled.

Termination by the solicitor

A solicitor’s ability to terminate the retainer is more restricted. The SRA Code of Conduct requires solicitors to act in the best interests of their clients and avoid causing unnecessary prejudice. 

Accordingly, a solicitor may only withdraw from acting if there’s “good reason” and reasonable notice is given to the client.

Examples of a ‘good reason’ include:

• Continuing to act would result in a breach of professional conduct rules or legal obligations.
• The client fails to provide clear instructions, making it impossible to progress the matter.
• The client fails to pay a reasonable sum on account of costs, as permitted under the Solicitors Act 1974.

In all cases, the solicitor must provide reasonable notice and take steps to minimise any adverse impact on the client’s interests. If proceedings are ongoing, the solicitor may require the court’s permission to come off the record.

FAQs

Will my case be delayed if I change solicitors?

If the transition is managed promptly and outstanding fees are addressed — and provided that your old firm cooperates — delays are unlikely. Your new firm will prioritise urgent matters and ensure that deadlines are met.

Do I need to explain why I’m changing solicitors?

No, you’re not obliged to provide a reason — although a brief explanation may assist with a smooth transition.

Will I pay twice for the same work?

You should only pay for the work completed by each firm.

Talk to us

Need help firing a lawyer or solicitor? Talk to us today by calling 0333 043 3230 or emailing hello@solicitorsnegligence.co.uk.