Can You Change Lawyers During a Case in Queensland?

Q: Is it bad to change lawyers during a divorce?

No, but frequent changes can increase costs and delay your case.

Q: Does changing lawyers look bad?

No, unless it is done repeatedly or appears to be a delay tactic.

Q: What is a Notice of Change of Solicitor?

A formal court document filed by your new lawyer to officially come on record in your matter.

Can You Change Lawyers During a Case in Queensland? (Complete Guide) | Elysian Law

If you're unhappy with your legal representation, you might be wondering: can I change lawyers during a case? The short answer is yes. You can change lawyers at almost any stage of your matter. However, timing, costs, and strategy all matter when questioning representation. This guide explains everything you need to know about changing lawyers mid-case in Queensland, including risks, steps, and common questions.

Can I Change Lawyers During a Case?

Yes. In Queensland, clients have the right to choose their legal representation at any time - before court, during proceedings, or even close to trial.

You can change lawyers:

Before court proceedings begin
After receiving legal advice
After paying money into Trust
During a case (litigation)
Before settlement
Even close to trial (though this is more complex)

There is no legal rule preventing you from switching lawyers, but practical issues can arise depending on timing.

When Is It Too Late to Change Lawyers?

Technically, it is almost never "too late" - but it can become difficult if:

Your case is very close to trial
A hearing is already underway
Money is an issue
Changing lawyers would cause delays or prejudice the other party

Courts may refuse adjournments if the change is last-minute, meaning your new lawyer has limited time to prepare - or you may be left with no lawyer to appear at court on your behalf.

Common Reasons to Change Lawyers

People usually change lawyers due to:

Poor communication or slow responses
Lack of confidence in legal strategy
Failure to follow client instructions
Unexpected or unclear legal costs
Conflict of interest
Personality mismatch
Desire for a more experienced or specialised lawyer

The Legal Services Commission (LSC) in Queensland is the independent statutory body that regulates lawyers and handles complaints about them. The top complaint received by the LSC is poor service - especially communication and delay issues.

Steps to Change Lawyers in Queensland

1
Choose a new lawyerBefore ending your current arrangement, secure a new lawyer to avoid gaps in representation.
2
Sign a new costs agreementYour new lawyer will provide a costs agreement and disclosure before commencing work.
3
Notify your current lawyerFormally terminate the relationship in writing. See the template below.
4
File a "Notice of Change of Solicitor"In court matters, your new lawyer files this document to formally come on record.
5
Transfer your fileYour old lawyer must provide your file - usually after costs are addressed.

Formal Termination of Current Lawyer

Please see below for our suggestion on how to terminate your current lawyer:

Termination Letter Template

I write to formally notify you that I am terminating your retainer, effective immediately.

I request that you cease all work on my matter and take no further steps on my behalf from the date of this email.

I have appointed a new legal representative, and I authorise you to transfer my complete file (including all correspondence, documents, and records) to:

Insert new law firm name and contact details

Please provide your final account as soon as possible. Subject to resolution of any outstanding costs, I request that you arrange for the transfer of any funds held in trust on my behalf to my new solicitor.

If you require a formal authority from my new lawyer, please let me know and I will arrange for it to be provided promptly.

I would appreciate your confirmation once the file and any trust funds have been transferred.

Elysian Law Case Study

⚖ Case Study - Changing Lawyers Mid-Case in Queensland

Sunshine Coast Protection Order Matter

Background

A client on the Sunshine Coast contacted our firm the week prior to her application for a protection order being heard as a trial. The client was unhappy with her current firm's professionalism, communication and lack of understanding of her evidence. Her child also wanted to disclose sensitive allegations but felt unheard and uncomfortable. Lastly, the client felt that the fees charged did not match the quality of work being produced.

What We Did

Held an urgent client conference and provided a clear proposed trial strategy the client understood and supported
Provided a Welcome Email, Cost Agreement, and Fixed Fee Agreement promptly
Urgently obtained specialised counsel for the trial date - less than a week away
Brought the matter on for mention in the Magistrates Court to advise of the issues and ensure the trial could proceed without delay
Obtained and reviewed all evidence, briefed counsel, and immediately began trial preparation
Arranged a conference with client and counsel to ensure all issues were addressed and the client felt at ease
Attended court on the day of trial and obtained the result the client was after - in under a week of representation
After the trial, assisted the client's child with her concerns and provided her justice too

Costs of Changing Lawyers

Changing lawyers can involve:

Paying outstanding legal fees to your former lawyer
A possible lien over your file until fees are paid
New lawyer onboarding and review costs
Potential duplication of work

Always ask your new lawyer for a cost estimate before switching. At Elysian Law, we offer clear fixed fees and a free initial consultation so you know exactly where you stand.

Can I Change Lawyers Before Settlement?

Yes. You can change lawyers before settlement in civil or property matters. However:

Ensure your new lawyer has time to review all contracts and documentation
Be careful if settlement is imminent, as delays can create legal and contractual risks
Your new lawyer should be fully briefed before any binding documents are signed

Can I Change Lawyers in the Middle of a Divorce?

Yes. In family law matters - including divorce and parenting disputes - you can change lawyers at any time. This applies whether your matter is at the negotiation stage, mediation, or court proceedings.

Is It Bad to Change Lawyers During a Divorce?

No - changing lawyers is not inherently bad. It may even improve your outcome if communication improves, strategy becomes clearer, or you feel more confident in your representation. However, frequent changes can increase costs and slow down your case.

Does Changing Lawyers Look Bad?

Generally, no. Courts understand that clients are entitled to proper representation and that lawyer-client relationships sometimes break down. It only becomes an issue if:

You change lawyers repeatedly
It appears to be a tactic to delay proceedings
It negatively affects the other party to the proceedings

Important Risks to Consider

Before changing lawyers, consider:

Delays in your case - your new lawyer needs time to get across all issues
Higher legal costs - duplication of work can increase overall costs
Loss of continuity - history and context built with your former lawyer takes time to rebuild
Limited preparation time - particularly if close to trial or a hearing

What About Your File?

Your file belongs to you. However, your previous lawyer may:

Retain it until outstanding fees are paid (a "lien" over the file)
Charge reasonable copying or transfer costs

Your new lawyer can assist in managing the file transfer process to ensure there are no unnecessary delays to your matter.

Key Takeaways

Summary

You can change lawyers mid-case in Queensland without harming your case
Acting early - before mediation or trial - significantly reduces risk
A new lawyer can improve strategy, communication, and outcomes
Trust your feelings and concerns - if something feels wrong, it probably is
Courts are generally unconcerned with a change of solicitor if procedures are followed and delay is avoided
Always get a cost estimate from your new lawyer before switching
Your file belongs to you - your old lawyer must release it once costs are resolved

Frequently Asked Questions

Can I change lawyers during a case?

Yes. In Queensland, you can change lawyers at any stage of your case, including during court proceedings, provided proper notice is given and correct procedures are followed.

When is it too late to change lawyers?

It is rarely too late, but changing lawyers close to trial may cause delays and the court may refuse adjournments. If you are considering a change, act as early as possible.

Can I change my lawyer before settlement?

Yes, but you should act early to avoid delays or contractual risks. Ensure your new lawyer has time to properly review the matter before any settlement documents are signed.

Can I change lawyers in the middle of a divorce?

Yes. You can change lawyers at any stage of divorce or family law proceedings - whether you are in negotiation, mediation, or court proceedings.

Is it bad to change lawyers during a divorce?

No. Changing lawyers is not inherently bad and may actually improve your outcome. However, frequent changes can increase costs and delay your case.

Does changing lawyers look bad to the court?

No, unless it is done repeatedly or appears to be a tactic to delay proceedings. Courts understand that clients are entitled to proper representation.

How do I get my file back from my old lawyer?

Your file belongs to you. Your old lawyer must release it once any outstanding fees are resolved. They may retain the file (a "lien") until their account is paid. Your new lawyer can assist in managing this process.

What is a Notice of Change of Solicitor?

A Notice of Change of Solicitor is a formal court document filed by your new lawyer to officially come on record in your matter. It replaces your former lawyer on the court file and notifies all parties of the change.

Can I change lawyers if I have a fixed fee agreement?

Yes. A fixed fee agreement does not prevent you from changing lawyers. However, you may still be liable for work completed under that agreement to the date of termination. Always review your costs agreement and seek advice before terminating.

Author: Nichale Bool

Nichale holds a Bachelor of Laws, is a Senior Criminal Defence Lawyer and co-founder of Elysian Law, with over a 15 years’ experience across The Office of the Director of Public Prosecutions, the Queensland Police Service and reputable criminal defence firms. Nichale specialises in domestic and family violence matters, running and defending applications across the Queensland.

Nichale believes in fair outcomes, providing advice to clients which empowers them during the court process to ensure they understand their rights and offering Fixed Fees payments to give clients certainty.

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At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.