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What to do if your current solicitor closes down

What to do if your current solicitor closes down

There are several reasons why a solicitors firm may cease trading. Should this happen during an ongoing matter you will obviously be concerned about what is going to happen. If your solicitor has closed down you might be worried that your case will have to start all over again or urgent court deadlines will be missed. We have experience taking over cases from firms who are no longer trading and aim to make the process as streamlined as possible and are used to working to urgent deadlines on cases.

Why might a law firm cease trading?

A firm may have ceased trading due to a number of reasons including: 

  • Going into administration due to financial difficulties
  • Significant loss of staff
  • Difficulties with insurance

In recent years there have been a number of start-up firms who have only existed for a short amount of time and not been able to make a financially viable business. Regardless of the reason, if the solicitors handling your case are unable to continue to operate, you can transfer your file to another solicitors of your choice.

Do I have to transfer my case to the new firm that is set up following administration?

No, you can appoint a completely different firm you have freedom of choice.

How do get my case file transferred to my new solicitor, do I need to write to them?

No if you appoint us, we will handle the negotiations and the paperwork on your behalf.  You simply need to make the decision to change and sign an authority.

What about the current fees and invoices owed to the firm that has closed down will I have to pay these?

With any administration the administrator will seek to recover unpaid bills. If third party expenses are owed for example to barrister’s they will also seek payment.

My case is being done on a 'no win no fee' basis, will I get this funding with a new firm?

Stephensons offer this type of funding on some cases and we can assess you case to see if we can progress on this basis for you.

Will my case have to start from the beginning?

No once we receive the file we will review it and continue according to the optimal approach for you.

Stephensons has handled hundreds of cases where a firm is no longer trading and we have experience of making this as stress free as possible. If you would like to speak to a member of our team about transferring your case to Stephensons call us on 01616 966 229 or complete our online enquiry form and we will contact you directly to discuss your situation.

A recent case study

Mr Corish had previously instructed Ice Blue Legal and, before them, GT Law to investigate a clinical negligence claim. Unfortunately, both firms subsequently went into liquidation.

At the time Mr Corish instructed Stephensons his claim was weeks away from a final Trial against three Defendants. The claim was fully contested and the Defendants had rejected all monetary offers of settlement.

An urgent, and thorough, review of years’ worth of papers was undertaken. Numerous conversations were held with the client, his barrister and also the Defendants and an urgent application was made to vacate a Pre-Trial hearing. Funding was also secured, in principle, for Trial.

On the day of the hearing a conference was held with the client’s barrister to discuss the value of the claim. Informal settlement discussions then took place with the relevant parties before and after the application was heard by a circuit judge. Although the Trial was not vacated, a short extension was approved by the Court in relation to other outstanding matters, and this allowed sufficient time for a satisfactory settlement to be reached in the following week.

Mr Corish received £35,000.