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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...
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
READ ALL TESTIMONIALS

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Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
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