Changing lawyers: plan the handover carefully

Published by Book a Lawyer · Updated 20 September 2026

General information prepared with AI assistance and linked public sources. No independent legal review is claimed.

Coverage: Australian preparation guidance; file access, costs, representation and complaint processes depend on the jurisdiction and matter.

General information only — not legal advice.

Changing lawyers is a transition to organise, not just a new appointment to book. Before making assumptions about who is acting, clarify upcoming dates, the proposed new engagement, access to documents and any outstanding cost questions.

Describe the problem you want to solve

Write down the specific difficulty: unanswered questions, communication arrangements, a bill you do not understand, availability or a concern about the proposed approach. Separate what happened from what you infer. ‘I have not received the promised update’ gives an office something more concrete to address than ‘nothing is happening’.

Where appropriate, explain the concern to the responsible lawyer or the firm’s nominated contact and ask for a practical response. A clearer scope, different contact arrangement or explanation may help you decide what to do next. If an urgent date is approaching, deal with responsibility for that date alongside the service concern.

Reference: Victorian legal regulator — handling a dispute ↗

Put the current position on one page

Prepare a handover outline with the matter name, relevant jurisdiction, current stage, upcoming events and the people or organisations involved. List the documents you already hold and the documents you believe the first office holds. This helps another practice assess conflicts, capacity and the size of the task without receiving an unstructured archive.

Keep confirmed dates separate from dates that still need checking. A second opinion or a discussion about taking over is not the same as confirmation that a new lawyer has accepted the work. Ask who is responsible while the proposed transition is being considered, and record the answer.

Ask about the file and the cost of starting again

The incoming practice may need time to understand the history. Ask whether reviewing previous work is included in its proposal and what it needs before giving a useful estimate. A new fee arrangement should explain the next stage rather than simply continue the assumptions you had about the old arrangement.

Ask both offices about the process for transferring relevant documents, outstanding bills, any asserted right to retain documents and any formal steps concerning representation. If there is a disagreement, seek advice about the applicable rules or contact the relevant regulator. Do not assume every file can be transferred immediately or that every claimed restriction is correct.

Reference: Victorian legal regulator — problems with a lawyer ↗

Keep a complaint separate from protecting the matter

If you want to raise a complaint, identify the relevant state or territory body and check its current process. Explain the outcome you want: an explanation, a response about costs, access to material or consideration of conduct. Different questions may follow different pathways.

Continue to clarify the immediate needs of the underlying matter. A complaint is not a substitute for arranging representation or responding to a court document. Before considering the handover complete, confirm the incoming lawyer’s acceptance, the scope, the next action and the person responsible for it.

Make the handover responsibilities visible

A change of adviser is also a change of working arrangements. Use a dated handover note to identify what has actually been accepted, which material is available and which questions still need an answer.

Practical comparison framework
Handover item	Ask about	Written confirmation to seek
Upcoming event	Who is handling each known date during the transition?	Accepted responsibility and start date
Documents	Which file material is needed, and how will it be transferred?	Transfer arrangements and any outstanding issue
Existing account	What work has been billed or remains unbilled?	Itemised explanation and agreement terms
New engagement	What will the new firm actually undertake?	Scope, fee basis and exclusions

How to use the comparison

A new firm may be willing to discuss the matter but unable to accept it before an imminent event. Treat that as an availability issue to resolve promptly, not as confirmation that responsibility has already moved.

Keep a single list of known dates and named contacts. Do not infer that an enquiry, complaint or document transfer means a new lawyer has agreed to act.

Original editorial comparison framework. Examples are hypothetical and do not assess your circumstances.

Build your first-enquiry script →

Your practical checklist

Write a factual summary of the concern.
List upcoming dates and the current procedural stage.
Ask the new practice to check conflicts and capacity.
Confirm review-of-file costs and the proposed scope.
Clarify documents, outstanding fees and any transfer issue.
Get confirmation of who is responsible for the next action.

Open the appointment worksheets for notes you can keep privately.

Frequently asked questions

Does booking a new lawyer end the old engagement?

Do not assume the booking changes either engagement. Ask what instructions, acceptance and formal steps are required for your situation, especially where proceedings are underway.

Will a complaint stop an upcoming deadline?

Do not assume that. Ask separately about the deadline and any work needed to protect your position while the complaint or transfer is considered.

Sources and further reading

Source references checked 20 September 2026. Follow the official source for current information and its jurisdictional limits. Our comparison prompts and hypothetical examples are editorial guidance, not statements of law.