Transferring a matter to a new adviser

Transferring a matter requires coordinating the file, funding and procedural responsibilities. In England and Wales civil proceedings, CPR Part 42 sets out requirements for notifying a change of solicitor. ^[1]

Confirm acceptance before assuming the handover is complete Ask the new adviser to confirm scope, capacity to act and any conflict checks. Supply current orders, deadlines and the latest correspondence immediately. Agree who handles urgent steps while the wider file is transferred.

Check outstanding fees, documents held and any issue affecting release of the file. Obtain advice about disputed charges or a claimed lien rather than assuming all papers will move automatically on request.

Close the communication and funding gaps Arrange the required notices to the court and other parties where applicable. Update insurers, funders and relevant contacts. Check whether legal aid or insurance approval is needed for the change.

Use a structured document index and a current deadline list. Confirm receipt of the operative papers and responsibility for the next action. A new email address in your contacts does not establish that procedural service arrangements or funding authorisations have been changed.

Secure acceptance of the next task before moving the archive Tell the prospective new adviser the current stage, upcoming dates and immediate action needed. Ask whether the firm can accept the matter after its required checks and whether it has capacity to handle that action. A discussion about taking over is not the same as confirmation of responsibility. If a hearing or filing is close, prioritise that question before sending a large archive. The new adviser needs the urgent operative papers early enough to decide what assistance can realistically be provided.

Agree the scope of the new engagement and when it begins. Identify any work remaining with the previous adviser during the transition and obtain a clear understanding between the relevant people. Avoid leaving each firm to assume the other is dealing with the next step. A short handover schedule can identify the task, due date and person responsible. Where no one has accepted an urgent task, seek advice promptly about available options rather than treating the planned transfer as if it had already removed the immediate risk.

Request the file in a form that reveals its current state Ask for an index and identify the operative documents: current orders, filed papers, correspondence, advice and any originals required for the matter. Include pending requests and work in progress, not only completed documents. A draft may contain an important unresolved issue or an instruction still awaiting the client's answer. Mark its status clearly. The receiving adviser should be able to distinguish a document ready for use from one that remains unapproved, superseded or dependent on further evidence before it can be finalised.

Discuss outstanding fees and any issue affecting release of papers. If a lien or other right to retain material is asserted, obtain advice about its basis and practical consequences. Do not assume every document can be withheld or that a transfer request automatically overrides all disputed rights. Ask whether essential material can be supplied through an agreed arrangement while the wider issue is resolved. Keep the fee dispute and urgent conduct of the case identifiable so neither disappears inside a general disagreement about the transfer.

Confirm procedural notices and the address for service For civil proceedings in England and Wales, CPR Part 42 governs changes of solicitor and the relevant notice requirements. [1] Ask the adviser to identify the steps applicable to the actual proceedings and confirm who will complete them. A private agreement between client and firms does not by itself show that the court and other parties have been properly notified. Keep evidence of the required filing or service and confirm the address at which future documents should be received after the change takes effect.

Check related practical systems as well: case portals, agreed communication channels and any future hearing arrangements. Do not assume changing an email contact updates every formal record. If correspondence continues to arrive at the old firm, agree how it will be forwarded during the transition and ensure the new adviser receives anything urgent. The objective is a continuous route for receiving and acting on documents, with enough evidence to establish what was sent and received, rather than a transfer that looks complete in one address book but remains incomplete elsewhere.

Align the funding decision with the new engagement If insurance, legal aid or another funder is involved, ask what approval is needed for the change and what work it covers. Compare that approval with the new firm's rates and scope. Establish responsibility for any gap before assuming the funder will pay every transfer-related cost. If the client is paying privately, ask for a cost estimate for reviewing the inherited file and progressing the next stage. Familiarity gained by the old adviser may need to be rebuilt, which should be understood within the new proposed arrangement.

Confirm receipt of the essential file and ask the new adviser to identify missing items promptly. Close the handover with a current action list, accepted responsibilities and any unresolved financial or documentary issue. Retain the old engagement and final account alongside the new terms. A successful transfer should leave the client knowing who acts, where documents will arrive and what happens next. It does not require every historic disagreement to be resolved first, but it does require those disagreements and any resulting limits on the handover to be openly identified and addressed.