See the latest awards we have won on our Industry Awards page here

Search

Can I change lawyers during my claim?

You can change lawyers or switch lawyers at any time during your claim. This applies to any workers’ compensation claims, motor vehicle claims, or public liability claims.

In fact, switching lawyers to a new lawyer is a relatively straightforward process in a personal injury claim. Personal Injury Law firms are well versed in this process, clients change lawyers, it is relatively common practice between personal injury lawyers. The original law firm must continue to act in the best interests of the client in their compensation claim while the clients decide on a potential new lawyer, on a No Win No Fee basis.

If you decide to change lawyers you should not need to pay your current Lawyer anything at the time the file is transferred to your new Lawyer.

If you are unhappy with your Lawyers’ performance and have lost confidence in their ability to achieve a great result for you, then you should speak to other Lawyers to see if they can do a better job. It is imperative that you have clear communication and your lawyer is able to explain the whole process to you. You need to be confident they are going to achieve the best outcome on your behalf.

It is very important that you are 100% happy with your Lawyer and the results they are getting for you as some claims can only be made once, and the difference between a Lawyer achieving average results and a Lawyer achieving great results could cost you thousands in compensation.

Changing Lawyers

In most personal injury matters, you need to sign a No Win No Fee costs agreement or what is known as a Conditional Costs Agreement. This means that you do not pay any legal costs until the conclusion of your claim. If you have signed a No Win No Fee costs agreement, then there is usually no difficulty in changing to another Lawyer.

In order to change lawyers you will need to:

  • Find another Lawyer to take over the conduct of your claim;
  • Sign a document authorising your new Lawyer to take over the conduct of the claim from your old lawyers.

Once your previous Lawyer receives that authority, you are no longer their client and they are not entitled to contact you, other than to send a bill of costs for work completed to date.

What happens next?

The original Lawyer should then forward the file to your new Lawyer on the undertaking that the original lawyers’ reasonable costs and disbursements will be paid at the end of the claim.

Often a Tripartite Deed, also known as a Tripartite agreement, is entered between the original Lawyers, new Lawyers, and the client to ensure that reasonable costs and disbursements will be paid to the old Lawyers at the conclusion of the claim when changing firms.

Sometimes difficulties can arise where the original Lawyers refuse to release their file and require payment of disbursements, such as the cost of medical reports. In No Win No Fee costs agreements, you do not need to repay the disbursements until the conclusion of the claim, in most circumstances.

We recommend an Accredited Specialist when choosing a Lawyer

An Accredited Specialist in Personal Injury Law is the most Senior Lawyer in personal injury law. This is an industry recognition, by The Law Society of NSW, that your lawyer has undertaken specialist training and has deep experience in personal injury law to qualify them as an Accredited Specialist in Personal Injury Law.

Changing Lawyers is a relatively simple process. You do not need to repay any legal costs until the end of your claim. If you have lost confidence in your lawyer, then you should seek further obtain further legal advice, a second opinion from a new lawyer. You are in no way obliged to move firms after this first consultation, but it can help you decide if you do need to switch lawyers.

We always recommend that any Lawyer you chose to act on your behalf in a claim for personal injury should be an NSW Accredited Specialist in Personal Injury Law.

Please see our article here on why you need an Accredited Specialist.

Changing lawyers 5 point summary –

  1. Why Change? – If you are unable to get an update on your case or you do not have confidence in your lawyer.  You should be able to change lawyers at any time.
  2. Which Lawyer?  Read google reviews for independent feedback from previous clients.
  3. Legal Qualifications?  Always choose an Accredited Specialist in Personal Injury Law. 
  4. Authorisation – Provide the signed document to your new lawyer to take over your claim.
  5. Agreement – agree on costs and disbursements to be paid to the original lawyer.  These will not be paid until the end of your claim.  (this will depend on the type of cost agreement you signed with your lawyer)

Terms and Definitions

  • Tripartite deed – this is an agreement between your old lawyer and the new lawyer on costs and disbursements.
  • Legal costs and disbursements – are usually paid at the end of the claim when you are successful.

Contact Garling and Co today for your confidential free case appraisal.  Your journey to recovery starts now.

 

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
READ ALL TESTIMONIALS

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9