Can you change solicitors on legal aid

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Forms overview: Application by person with legal aid to change solicitor. Use this form to apply to change solicitor if you are on legal aid. Applies to England and Wales Documents. Application by person with legal aid to change solicitor MS Word Document , KB This file may not be suitable for users of assistive technology. Request an accessible format. If you use assistive technology such as a screen reader and need a version of this document in a more accessible format, please email web.

How do I do that? There are many reasons why defendants may wish to change solicitors. Sometimes it seems to be as simple as a clash of personality with the solicitor in your current firm, sometimes it is much more serious and you may feel that your solicitors are not acting properly in your defence. If you have legal aid, it is important to remember that your legal aid costs are being contributed by the public purse. The Legal Aid Agency would prefer not to have to pay two solicitors if not necessary.

For that reason, it is the Court who decide whether you will be allowed to change, and they will investigate the reasons behind an Application to Change Solicitors thoroughly before they allow any transfers to go ahead. The Court can agree or refuse your Application. It is crucial that your reasons fit into specific brackets which will be examined by the Court.

The current guidelines state that your application will only succeed if:. EITHER if the court is satisfied that effective representation can no longer be provided by your present solicitors because:. These reasons are crucial to your success. This can be done by simply calling a firm and instructing them if you did not have representation in interview or by asking your current firm to send your file to a new one. A case that is before the Court can be funded in two ways, privately or by legal aid.

If you are funding your case using your own money, then a transfer is as simple as informing your current solicitor that you no longer wish to instruct them. Unfortunately, if your case is being funded by the Legal Aid Agency then the process is not as straightforward. An Application to Transfer will need to be completed by you, your new firm and your old firm before it can be sent to the Court to consider.

The decision to allow the transfer of solicitor is made by the Court. The court will take costs into account as paying two firms without a valid reason is not proper use of public funds.

If your current firm does not oppose the application then the process is easier. But, if they do not accept the criticism of their conduct or do not agree with the issues raised, then the case is listed before a Judge for consideration. A judge may wish to hear evidence about the complaint. There are a number of reasons that the court will allow legal aid to be transferred to a new solicitor, including;. This reason is usually utilised by the solicitor rather than a defendant.