When a lawyer leaves a law firm, the client’s case does not ordinarily disappear with them. The matter must be reviewed, the client must be informed, and a decision must be made about who will continue the work. Depending on the jurisdiction and the terms of the engagement, the options may include staying with the original firm, moving with the departing lawyer, or choosing a different legal representative.
The practical priority is continuity. A change in firm affiliation should not cause an avoidable missed deadline, loss of evidence, interruption in communication, or uncertainty about who is responsible for the next step.
The first question is who represents you now
A lawyer may have been the main person communicating with you, but the legal engagement may be with the law firm rather than only with that individual. That distinction matters. In some situations, the firm can continue the matter with another lawyer. In others, the departing lawyer may be able to continue representing you from a new firm, subject to your instructions, the receiving firm’s conflict checks, and local professional rules.
You should receive clear information about:
- When the lawyer will leave or has left the firm
- Whether the original firm is prepared to continue acting
- Whether the departing lawyer is available to continue at another firm
- What other representation options are available
- Who is responsible for your matter during the transition
- How to contact the relevant lawyer or firm
In the United States, ABA Formal Opinion 489 describes the transition as a process that should protect client interests and preserve the client’s freedom to choose counsel. Comparable principles appear in other legal systems, although the terminology and detailed requirements differ.
Your choices are not limited to two firms
A client is generally not required to follow the departing lawyer or remain with the original firm. You may be able to select an entirely different lawyer, subject to that lawyer’s availability, conflicts, expertise, and agreement to take the matter.
The decision should be based on what your case requires now, not simply on which person handled it previously. Consider the following:
- How familiar is the proposed lawyer with the facts and documents?
- Are there hearings, limitation dates, filing deadlines, or negotiations approaching?
- Does the new firm have any conflict that prevents it from acting?
- Will the proposed team have access to the necessary records and specialists?
- Will the change affect the engagement letter, fee arrangement, or funding terms?
For matters involving several parties, multiple jurisdictions, or collective claims, a change in representation may involve additional coordination. A general discussion of representation changes in complex litigation provides broader context for why a transition plan may need to address more than one client contact or legal team.
What happens to the file?
The case file normally contains correspondence, pleadings, contracts, evidence, legal research, expert material, bills, and records of important decisions. During a lawyer’s departure, the relevant firms should identify the current version of the file and arrange secure access or transfer according to the client’s instructions and applicable rules.
Do not assume that a lawyer can simply remove an entire file from the former firm. The procedure may require written authorization, a formal transfer request, or coordination between the firms. Electronic records also need attention: emails, document-management systems, shared drives, and mobile devices may all contain confidential information.
The Solicitors Regulation Authority’s guidance on confidentiality of client information emphasizes that client affairs must remain confidential and that disclosure to another firm should be handled carefully. Similar confidentiality duties apply in other jurisdictions, but the exact rules governing file ownership, copying costs, retention, and delivery can vary.
A useful handover should identify:
- The pleadings, applications, contracts, and other key documents
- Upcoming court dates, limitation periods, and response deadlines
- Outstanding requests for information or evidence
- Experts, barristers, counsel, insurers, or other advisers involved
- Funds held on account and any unpaid invoices
- Instructions that have been given but not yet completed
Deadlines continue during the transition
A change of lawyer does not usually pause a court timetable or extend a statutory deadline. That is why the first operational task should be a review of urgent dates. The new lawyer may need to notify a court, tribunal, opposing counsel, regulator, insurer, or other relevant body about the change in representation.
If a hearing or filing date is close, ask for written confirmation of who is responsible and what action will be taken. If no firm has clearly accepted responsibility, contact the relevant office promptly and obtain independent legal advice about protecting your position. A court may require a formal application before a lawyer can come off the record or another lawyer can be substituted.
The SRA’s guidance on terminating a retainer illustrates the general principle: notice and transition arrangements should be assessed in light of the time needed for a client to instruct new representation and for the new lawyer to understand the matter. This is particularly important when a hearing is imminent.
Do the fees change?
Not necessarily. A lawyer’s move does not by itself establish a new fee arrangement, cancel work already performed, or determine who is responsible for future costs. Those questions depend on the engagement letter, local law, funding agreement, court orders, and the arrangements made when representation changes.
Before agreeing to a transfer, ask for a written explanation of:
- What work has been completed and what remains
- Any outstanding invoice or balance held on account
- Whether the fee agreement will continue or be replaced
- How expenses and third-party charges will be handled
- Whether a change could affect legal expenses insurance or funding
For a contingency, conditional, or other success-based arrangement, obtain specific advice before signing anything new. The transfer may require consent from the client, approval under professional rules, or a revised written agreement. A clear written record is more useful than relying on an informal assurance during a busy handover.
Conflicts and confidentiality are checked again
When a lawyer joins another firm, the receiving firm generally needs to check for conflicts of interest. That check may involve identifying the parties and the general nature of the matter, but confidential information should be disclosed only as permitted by the applicable rules and only to the extent reasonably necessary.
A conflict does not necessarily mean that the case cannot continue with the departing lawyer. The receiving firm may need to assess whether consent, screening, withdrawal, or another procedure is required. The answer depends on the jurisdiction, the parties involved, and the information held by the lawyer and both firms.
The client should also be told if the conflict review affects the proposed transfer. Until the new arrangement is confirmed, avoid assuming that the new firm has accepted responsibility for the matter.
What clients should do when they receive notice
Read the notice carefully and respond before any stated deadline. A short email can request the information needed to make an informed decision:
- Who is currently responsible for the file?
- What important dates are approaching?
- Where is the complete file held?
- Will the current firm continue acting if requested?
- Can the departing lawyer act from the new firm?
- What will happen to client money, documents, and outstanding costs?
- Do I need to sign a new engagement or consent form?
Keep copies of the departure notice, your response, any consent, and any file-transfer confirmation. If communication stops, a deadline is unclear, or the firms disagree about responsibility, seek advice from another qualified lawyer or the relevant legal regulator or professional complaints body.
Frequently asked questions
Does my case end when my lawyer leaves?
Usually, the case continues, but the responsible lawyer or firm may change. Confirm the arrangement in writing and check all upcoming deadlines.
Can I follow my lawyer to the new firm?
Often, you can ask the lawyer to continue acting from the new firm, but the move may require a conflict check, your consent, a new engagement letter, and compliance with local rules.
Can I stay with the original law firm?
In many situations, yes. The original firm may assign another lawyer or team, although its ability to continue can depend on conflicts, staffing, the type of matter, and the terms of the engagement.
Can I choose a completely different lawyer?
Generally, clients can ask another lawyer or firm to take over, subject to that provider’s decision to accept the matter and any applicable procedural or funding requirements.
Who keeps my documents?
The answer depends on local rules and the document involved. The firms should preserve confidentiality and arrange access or transfer in accordance with your instructions and any applicable requirements.
Will I have to pay twice?
Not simply because the lawyer changes firms. However, work already completed, future work, transfer administration, court requirements, and the terms of any new agreement can affect the total cost. Request a written costs explanation before accepting new terms.
A well-managed transition should feel orderly
The most important sign of a sound transition is not that the lawyer remains at a particular firm. It is that the client knows the available choices, the file is secure, deadlines are tracked, confidentiality is protected, and responsibility is clearly assigned.
If your lawyer leaves, treat the notice as a prompt to confirm those points rather than as an automatic reason to change representation. The right outcome depends on the needs of the case, the advice available in your jurisdiction, and the decision you make after receiving clear information.
