Considering a change of lawyer: questions before a handover

01 / Practical step

Identify the problem you want the change to solve

Write down the concern using specific events. Is it unclear advice, communication, a cost question, a change in the kind of work needed or something else? Where appropriate, ask the current office to explain its position and the available next steps. A disagreement about the answer may need a different response from a missed update. If you need advice about a complaint or your rights, use the relevant regulator or an independent adviser rather than treating a new directory selection as a resolution.

02 / Practical step

Define a second-opinion request narrowly

Tell a prospective adviser whether you want a review of a specific issue or someone to take over the whole matter. Identify the stage reached and any dates shown in your documents. Ask what material is needed, whether the adviser can act after conflict checks and what the review will cost. Do not assume that an opinion on one question includes responsibility for ongoing correspondence, negotiations or a court event. Request a clear statement of the work accepted.

03 / Practical step

Discuss timing before ending arrangements

A prospective lawyer needs to assess whether there is enough time and information to accept the task. Explain any approaching event at the outset and ask who will handle it while a transition is considered. The practical danger is an unacknowledged gap in responsibility. Ask the professionals what steps or notices may be needed for the particular matter, especially if proceedings are underway. Do not use this guide to decide a procedural requirement or assume that a transfer changes a notified date.

04 / Practical step

Ask about the file and outstanding amounts

Discuss which documents the new office requires, how transfer would be arranged and what authorisation is needed. Ask the current office for an explanation of outstanding costs and how any issue about release of material should be addressed. Rights and obligations can depend on the circumstances and jurisdiction, so avoid assuming that every document must be transferred immediately or that a disputed bill resolves itself when you change providers. Obtain advice on those questions where necessary.

05 / Practical step

Budget for familiarisation and duplicated work

The Victorian regulator notes that a new lawyer may need time to get up to speed, which can add cost. Ask the prospective office to distinguish reading existing material from new work and identify what it can estimate at this stage. A well-prepared index may help navigation, but it does not remove the need for independent assessment. Compare the proposed next stage using its actual scope instead of comparing a fresh estimate with an older proposal based on different information.

06 / Practical step

Finish with a handover responsibility table

Illustrative example: you want another office to handle the next negotiation. Before assuming the change is complete, ask who is communicating with the other side, whether the new office has accepted that task, which documents have been received and what remains with the former office. Keep a private list of the answers. A completed handover is an agreed allocation of work, not simply an email introducing the new person.

• Current stage and next known event.
• Accepted task and responsible contact.
• Documents requested, sent and acknowledged.
• Outstanding cost and transfer questions.
• Any action still requiring specific advice.