How to Change Your Solicitor During a Personal Injury Claim in Ireland

You can change your solicitor at any stage of a personal injury claim in Ireland. The process takes 2-4 weeks: you sign a Form of Authority, your new solicitor requests the file and gives a professional undertaking to protect the previous firm's costs, and your new solicitor issues a section 150 cost disclosure notice before starting work. The Law Society of Ireland's practice note on transferring files governs the procedure, and section 150 of the Legal Services Regulation Act 2015 sets the cost disclosure requirements.

What most guides won't tell you: the transfer process looks different depending on where your claim stands. Switching during an Injuries Resolution Board (IRB) assessment, before proceedings are issued, or during active litigation each carries distinct risks and steps. The two-year Statute of Limitations doesn't pause during a transfer. And if your first solicitor took your case on a "no foal, no fee" basis, they're still entitled to payment for work done once you leave.

Can you change your solicitor during an injury claim in Ireland?

Yes. The relationship between a solicitor and client can, as a general rule, be terminated at will by either party. This applies whether your claim is with the IRB (formerly known as the Personal Injuries Assessment Board, or PIAB), in pre-litigation, or before a court. You don't need to give your current solicitor a reason.

There's one critical exception. Where your solicitor has given a personal undertaking to a third party on your behalf (for example, an undertaking to a lender or to the court), you cannot unilaterally terminate the retainer without the solicitor's consent to be released from that undertaking. The Law Society's practice note on file transfers addresses this directly: a solicitor need not cooperate with a client who seeks to leave with an outstanding undertaking.¹

A detail that catches many claimants off guard: this undertaking restriction is separate from the question of fees. Even if you owe nothing, the undertaking locks the retainer until it's resolved.

The second opinion problem

You might want a second opinion before committing to a switch. Here's the difficulty: under Law Society guidelines, it's generally not appropriate for a new solicitor to give a second opinion on a matter where another solicitor is still instructed, because the new solicitor won't have access to the file to advise properly.¹ This creates a genuine Catch-22. You can't assess whether your case is being handled well without seeing the file, and the new solicitor can't see the file until you authorise the transfer.

The practical workaround: most personal injury solicitors will have an initial conversation with you about the general position of your claim based on what you can tell them. They can't give specific advice without the file, but they can flag obvious concerns (missed deadlines, lack of progress, pressure to settle early). That initial conversation is typically free and doesn't require you to sign anything. Once you sign the Form of Authority, the new solicitor gets the file and can then give you a proper assessment.

What if your solicitor is the one ending the relationship?

Not every transfer is client-initiated. The Law Society's practice note addresses the reverse situation: where your solicitor believes they may have committed an error, "it might not be in the best interest of the solicitor or the client for the solicitor to continue to act in a matter. Subject to the direction of the solicitor's professional indemnity insurers, it might be better that the file be transferred to another solicitor without delay."¹

This also arises when a firm closes, merges, or when a solicitor retires. In those cases, the LSRA's complaints case studies make clear that the departing solicitor cannot retain your files. They must either return them to you or transfer them to another firm. The solicitor is the one leaving the contract, not you, so no administration fee should be charged for the transfer.¹⁶

If your solicitor has dropped your case or told you they can't continue, don't assume the claim is dead. The issue may be the solicitor's competence or risk appetite, not the strength of your claim. A specialist personal injury solicitor may take a different view entirely.

How do you know it's time to change solicitor in Ireland?

Most guides list "poor communication" as the main reason to switch. That's true but vague. These are the specific red flags that signal a real problem rather than normal case pacing:

Your solicitor can't explain what stage your claim is at. If you ask directly and get a vague answer or no answer, that's a problem. Every solicitor should know whether the IRB has consented to assessment, whether the 9-month clock is running, or where proceedings stand.

No medical evidence has been obtained after 6 months. Medical reports are the foundation of every personal injury claim in Ireland. If your solicitor hasn't arranged a medical report within the first 6 months, the claim isn't progressing.

You're being pressured to accept the first offer without context. Your solicitor should explain how the offer compares to the Judicial Council's Personal Injuries Guidelines 2021 ranges for your injury type. Pressure to settle quickly, without that analysis, is a warning sign.

Your file is being handled by someone who isn't a solicitor. Paralegals and claims handlers can support a case, but the solicitor should be making the strategic decisions and signing off on advice. If you've never spoken to the actual solicitor on your file, that's worth questioning.

You haven't received a section 150 notice. Since October 2019, this is a legal requirement. If your current solicitor never provided one, they're already non-compliant with the Legal Services Regulation Act 2015. That's a concrete, verifiable red flag.

Your limitation date is approaching and nothing has happened. If you're within 6 months of the two-year deadline and no IRB application has been submitted and no proceedings issued, the situation is urgent. This is the scenario that led to the claim being dismissed entirely in McFadden v Neuhold.

None of these individually prove negligence. But two or three together should prompt you to make that initial free call to another solicitor.

What stage is your claim at? Why it matters when switching solicitor

The impact of changing solicitor in Ireland varies depending on where your claim sits. Unlike in England and Wales, where no mandatory assessment body exists, most Irish personal injury claims must first go through the Injuries Resolution Board (IRB) before court proceedings can issue. This creates distinct stages with different transfer requirements.

Scenario branches: what applies to you?

Does the other side's insurer notice when you switch?

Yes, but it rarely works against you. In pre-proceedings, the insurer finds out through updated correspondence from the new firm. In active litigation, the Notice of Change of Solicitor is filed with the court and served on all parties, including the defendant's insurer. There's no way to switch quietly once proceedings are on foot.

Claimants sometimes worry that switching signals weakness. In practice, insurers see solicitor changes regularly and don't adjust their valuation of the claim because of it. The insurer's assessment is based on medical evidence, liability, and the Personal Injuries Guidelines ranges. If anything, a switch from a generalist to a specialist PI firm can signal that the claim is about to be managed more aggressively. The one genuine negative signal: switching solicitors multiple times during the same claim can create an impression of instability that a defendant's barrister might reference at trial.

Key Irish case law on solicitor transfers and limitation risks

How does the file transfer process work in Ireland?

The Law Society's "Ten Steps for the Transfer of Files" provides the official procedure. We call this the Transfer Readiness Protocol because the process depends heavily on preparation before you sign anything. Here's how it works in practice:

Step 1: Sign a written Form of Authority

Your new solicitor prepares a written authority for you to sign. This document authorises them to act on your behalf and to request your file from the previous firm. If two clients were instructing the first solicitor (for example, joint claimants), both must sign.

Step 2: New solicitor contacts old solicitor

Your new solicitor writes to the previous firm with the signed authority, a courteous request for the file, and an enquiry about outstanding costs. This is not optional courtesy. The Law Society expects both a "courteous request" and a "prompt response."¹

Step 3: Old solicitor furnishes bill of costs

Under section 152 of the Legal Services Regulation Act 2015, the terminating solicitor must issue a formal bill of costs. This must be a detailed, itemised document. The Law Society notes that the judiciary have been critical of solicitors who delay issuing their bill.¹

Step 4: You review and accept or dispute the bill

You're entitled to review the bill and dispute any charges you consider excessive. If you dispute the bill, the Legal Services Regulation Act 2015 requires both parties to first attempt informal resolution.² (See the fee disputes section below for the full escalation pathway.)

Step 5: Undertaking and file release

Your new solicitor provides a professional undertaking to the old firm. Under the Law Society of Ireland's practice note on file transfers, this is a binding promise to pay the first solicitor's agreed costs from the eventual settlement or court award.¹

The undertaking is not an open-ended blank cheque. The Law Society recommends it be qualified with specific language: the new solicitor undertakes to "discharge within a reasonable time properly drawn costs and outlays," but the undertaking is "conditional on the second solicitor not being discharged and on sufficient monies coming into the solicitor's controls to pay that cost."¹ What this means in plain terms: if you later switch again (discharge the second solicitor too), or if the case fails and there's no settlement, the undertaking doesn't bind the new solicitor to pay from their own pocket.

Even where the first solicitor accepts an undertaking, the Law Society recommends that all outlays already paid by the first solicitor (medical report fees, court stamps, engineering reports) should be refunded immediately rather than deferred. If medical reports were obtained but the doctor's fees haven't been paid, the doctor's consent is needed before the new solicitor can use those reports.¹

What's actually in your file (and what must transfer)?

Most guides simply say "your file transfers" without explaining what the file actually contains or what your former solicitor can legally withhold. The Law Society's practice note is specific.¹

One aspect the official guidance doesn't cover in enough detail: digital files. In practice, your file will include both physical and electronic documents. Emails between your solicitor and the insurer, digital copies of medical reports, scanned Garda reports, and internal file notes should all transfer. If your former solicitor provides only a physical file and claims no digital records exist, that warrants scrutiny.

Step 6: New solicitor issues section 150 notice

Before beginning any legal work, your new solicitor must issue a section 150 notice under the Legal Services Regulation Act 2015.² This replaced the old section 68 letter in October 2019. The LSRA's guidance on legal costs duties confirms the notice must be written in clear language and specify a cooling-off period of up to 10 working days during which legal services won't be provided (unless you confirm you want them to proceed immediately).³

Under section 150(4), the notice must include specific information. Knowing what should be in it helps you spot an incomplete notice:

Why this matters when switching: the LSRA's guidance confirms that items not included in the section 150 notice may be disallowed by the Legal Costs Adjudicator if the bill is later challenged. If your new solicitor gives you a vague one-page letter that doesn't cover litigation stages or barrister costs, that's a compliance gap that could work in your favour later but also signals carelessness now.³

Realistic week-by-week transfer timeline

What happens to your fees when you change solicitor in Ireland?

Outstanding costs owed to your first solicitor are typically deducted from your final compensation, not paid upfront. The new solicitor's undertaking secures this arrangement. However, the specifics depend on the fee agreement you had with the first firm.

If you were on "no win, no fee" (no foal, no fee)

Many claimants assume that because they were on a "no win, no fee" arrangement, they owe nothing if they leave. This is not correct under Irish law. The Supreme Court has confirmed that when a client terminates the retainer, the "no foal, no fee" arrangement terminates with it, and the first solicitor is entitled to be paid for work done to the date of termination. The Law Society's practice note states this plainly: "If instructions are accepted on a 'no-foal, no-fee' basis and the client terminates the retainer, the no-foal, no-fee arrangement is also terminated and the solicitor is entitled to be paid for work done."⁸

In practice, this doesn't mean you'll pay out of pocket. The costs are typically rolled into the undertaking from your new solicitor and deducted from the settlement at the end of the case. But you should be aware the debt exists.

Percentage charging is prohibited

Irish solicitors cannot charge a percentage of your compensation in contentious business. This is a legal prohibition. If your previous solicitor's bill appears to calculate fees as a percentage of your expected award, that's a red flag worth raising with the Legal Services Regulatory Authority (LSRA).

Who funds the case after you switch?

This is the question most guides skip entirely. When you leave your first solicitor, they stop funding your case. Your new solicitor then has to decide how they'll fund it going forward. The Law Society's practice note addresses this directly: "unless he is agreeable to do so, there is no reason why the first solicitor should continue to fund a case after the client has left that solicitor."¹

Your new solicitor has three options. They can fund the case fully themselves (covering all outlays until settlement or trial, the standard approach for "no win, no fee" arrangements). They can bill you for outlays on an interim basis as the case progresses. Or they can require you to fund outlays upfront (medical reports, court stamps, barrister's fees) as they arise.

The timing matters more than most guides suggest: if your first solicitor was funding everything on a "no foal, no fee" basis, and your new solicitor takes a different approach (say, billing outlays quarterly), you'll face costs you weren't expecting. Clarify the funding model before you sign the Form of Authority. This should be addressed in the new solicitor's section 150 notice, but raise it explicitly in your first conversation.

There's also the question of costs already incurred. Party-and-party costs (what you'd recover from the other side if you win) typically cover only about 60-70% of actual legal costs in Ireland. When two solicitors have each done work on the same case, both need to be paid from that same pot. That's a reality worth understanding early.

What if your solicitor won't release your file?

Under Irish common law, a solicitor has a recognised right called a solicitor's lien. This allows them to retain your physical and digital file until their outstanding fees and outlays are paid or secured. The lien is not absolute. It cannot be exercised on a will, and it can be set aside in several ways.

How to resolve a lien dispute in Ireland

The Law Society's practice note identifies four routes to overcome a lien:

1. Professional undertaking from new solicitor. This is the standard solution. The Law Society's practice note confirms that in the vast majority of personal injury transfers, the new solicitor gives an undertaking and the file releases within days.¹

2. LSRA direction under section 60 of the Legal Services Regulation Act 2015. Where a complaint of inadequate services is upheld, the LSRA can direct that files and documents be transferred to another solicitor nominated by the client, "subject to such terms and conditions as the Authority may consider appropriate having regard to the existence of any right to possession or retention." In practice, this power enables the LSRA to override the common-law lien. LSRA case studies confirm that solicitors who refuse have been compelled by High Court order.¹⁶

3. Court order. Under the inherent jurisdiction of the court and the Solicitors Acts 1954-2015, you can apply for an order requiring production of the file. Courts have upheld the solicitor's lien in principle but, as the Law Society's practice note records, the judiciary have been critical where there's been delay in issuing a bill of costs.¹

4. GDPR data portability. Under Article 20 of the GDPR, you have the right to receive your personal data in a commonly used format and to have it transmitted directly to another firm. The Law Society's practice note acknowledges that this right overrides the solicitor's lien for personal data, although it's limited to data you provided (not the solicitor's work product like legal opinions).¹

File transfer refusal is not a theoretical risk. The LSRA's April 2024 Independent Complaints Handling Report revealed that failure to hand over files and documents was the third-highest category of misconduct complaints, accounting for 11% of all misconduct complaints against solicitors in 2023.¹⁶ The most recent data from the LSRA Complaints Report (covering September 2024 to March 2025) shows 829 complaints in a single six-month period, up 12% on the prior period. During that period, the LSRA issued 18 pre-action letters to non-compliant solicitors, initiated 9 High Court enforcement proceedings, and obtained 13 High Court orders to force compliance (Law Society Gazette, April 2025).¹⁷

The LSRA's CEO has stated plainly that "there is no benefit to be gained by a legal practitioner not complying with directions." If your former solicitor is ignoring transfer requests, you're not alone, and the regulatory system has teeth to deal with it.

At this point, you'll need to decide whether to negotiate further with the first solicitor or escalate through the LSRA. This leads to the question of how fee disputes are formally resolved in Ireland.

How do you dispute a previous solicitor's bill of costs?

If you believe your first solicitor's bill is excessive, Irish law provides a structured escalation pathway. The Office of the Taxing Master, which many older guides still reference, was replaced by the Office of the Legal Costs Adjudicator in October 2019 under Part 10 of the Legal Services Regulation Act 2015.

Step 1: Informal resolution. You must first attempt to resolve the dispute directly with the solicitor. This is a mandatory first step under section 153 of the Act.²

Step 2: LSRA complaint. If informal resolution fails, you can make a free complaint to the LSRA about excessive costs. The LSRA offers a free mediation service. If your complaint is upheld, the LSRA can direct a refund or compensation of up to €5,000 under section 60(6) of the Legal Services Regulation Act 2015.¹⁰

Step 3: Legal Costs Adjudicator. For formal adjudication, you can refer the bill to the Legal Costs Adjudicator. Under section 153 of the Legal Services Regulation Act 2015, the deadlines are specific and strict: you must apply within 6 months of receiving the bill, or within 3 months of making payment (whichever is later). The solicitor can apply between 30 days and 12 months from issuing the bill. The LSRA's guidance confirms you must put your dispute in writing within 21 days of receiving the bill to preserve your position.⁴ One detail worth knowing: if the Adjudicator reduces the bill by 15% or more, the solicitor bears the costs of the adjudication process. That's a strong incentive for solicitors to bill fairly from the start.

Under section 58 of the Legal Services Regulation Act 2015, there's a 3-year time limit on complaints about excessive costs to the LSRA. Complaints about misconduct have no time limit (LSRA guidance).¹⁰

What does NOT switching solicitor cost you?

Most guides focus on the cost of switching. The more relevant question is: what does staying with the wrong solicitor cost? The Central Bank of Ireland's National Claims Information Database (NCID) mid-year 2024 data provides a stark answer.

The Central Bank's NCID data reveals stark differences. Claims that resolve through the IRB carry legal costs of just 2% of total claim costs. Claims that settle directly with an insurer carry legal costs of around 21% of total costs. Claims that go through full litigation carry legal costs of 43% of total costs, equivalent to 78% of the compensation award itself (Central Bank of Ireland, NCID Mid-Year 2024).¹⁸

The difference between resolving at IRB and litigating can mean thousands of euro eaten by legal costs rather than going to you. If your current solicitor is letting your claim drift toward protracted litigation when it could have resolved earlier, or if they're not progressing your IRB assessment efficiently, the financial penalty compounds with every month of delay.

This is not the same as saying you should avoid court. Some claims genuinely need litigation to achieve a fair outcome. The point is that unnecessary litigation, caused by a solicitor who isn't doing their job, is the most expensive consequence of NOT switching.

Can you claim against your former solicitor for negligence?

If you're switching because your solicitor missed the limitation deadline, failed to file proceedings in time, lost evidence, or gave demonstrably wrong advice, you may have a professional negligence claim against them. This is separate from your personal injury claim and runs alongside it.

Professional negligence against solicitors is a recognised cause of action in Ireland. The limitation period for a negligence claim is 6 years from the date of the negligent act (or from the date of knowledge, if the damage wasn't immediately apparent) under the Statute of Limitations 1957. This is significantly longer than the 2-year limit for personal injury claims, so you have more time. However, you should raise the issue with your new solicitor early for two reasons.

First, your new solicitor needs to know if there's a potential negligence claim because it affects how the file is handled. The Law Society's practice note acknowledges that where a solicitor "believes that he may have committed an error," the file should be transferred promptly so the claim can be managed separately.¹ Second, the existence of a negligence claim may influence how the first solicitor cooperates with the file transfer. Their professional indemnity insurer will likely become involved.

Between assessment and settlement, the sticking point in negligence claims against solicitors is usually proving that the outcome would have been different if the solicitor had acted properly. If your solicitor missed the limitation deadline and your claim was dismissed, you'd need to show that the underlying personal injury claim had a reasonable prospect of success. Your new solicitor can help assess this.

This is NOT the same as being unhappy with the outcome of your case. A solicitor isn't negligent because you disagree with their strategic advice or because the IRB assessment was lower than you expected. Negligence requires a demonstrable failure to meet the standard of a reasonably competent solicitor, resulting in actual loss.

How does changing solicitor in Ireland differ from the UK?

If you've read UK guidance on switching solicitor, several important differences apply in Ireland:

Unlike in England and Wales where the limitation period is 3 years, in Ireland you have just 2 years. This makes the timing of a mid-claim transfer more critical. The shorter window leaves less room for administrative delays.

What should you ask a new solicitor before switching?

Before you sign a Form of Authority, use our Transfer Readiness Protocol checklist to confirm these points with the solicitor you're considering:

From handling file transfers, we find that the most common delay is the first solicitor taking time to prepare their bill of costs. Clients who gather their own copies of correspondence and medical reports before reaching out to a new firm help speed up the initial assessment.

Your first 48 hours after deciding to switch

Once you've decided, there's a specific sequence that protects your position. Don't tell your current solicitor you're leaving until a new solicitor tells you to sign the Form of Authority.

Common questions about changing solicitor during a claim in Ireland

Related questions claimants ask after switching

The bottom line on changing solicitor during an injury claim in Ireland

You can change your solicitor at any stage of a personal injury claim in Ireland. The process is governed by the Law Society of Ireland's practice note on transferring files and takes 2-4 weeks in most cases. You sign a Form of Authority, your new solicitor requests the file and provides a professional undertaking to secure the previous firm's costs, and no upfront payment is normally required. Your new solicitor must issue a section 150 cost disclosure notice under the Legal Services Regulation Act 2015 before starting work. The two-year Statute of Limitations does not pause during a transfer, so if your deadline is approaching, protective steps are essential. If your former solicitor refuses to release the file, the LSRA can direct the transfer under section 60 of the 2015 Act, and fee disputes go to the Legal Costs Adjudicator, who replaced the Taxing Master in October 2019.

References

1. Law Society of Ireland, "Transferring Files Between Solicitors" (Practice Note)
2. Legal Services Regulation Act 2015, Section 150 (Irish Statute Book)
3. LSRA, "Your Legal Costs Duties"
4. Citizens Information, "Office of the Legal Costs Adjudicators"
5. Citizens Information, "Injuries Resolution Board"
6. Personal Injuries Resolution Board Act 2022 (Irish Statute Book)
7. Law Society Gazette, "Burning Bridges and How to Avoid Them in Professional Practice"
8. Law Society of Ireland, "Ten Steps for the Transfer of Files"
9. Legal Services Regulation Act 2015, Section 152 (Law Reform Commission)
10. LSRA, "What You Can Complain About"
11. LSRA, "How to Make a Complaint"
12. Law Society of Ireland, "Find a Solicitor"
13. Injuries Resolution Board, "Mediation"
14. Courts Service of Ireland
15. Injuries Resolution Board, Annual Report 2024
16. LSRA, Independent Complaints Handling Report (April 2024)
17. Law Society Gazette, "Complaints About Legal Profession Up 12%" (April 2025)
18. Central Bank of Ireland, National Claims Information Database (NCID), Mid-Year 2024
19. Legal Services Regulation Act 2015, Section 150(4) (Law Reform Commission, Revised Acts)
20. Judicial Council, Personal Injuries Guidelines (2021)