Can You Lose Money in a No Win No Fee Case in Ireland?
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178. 3rd Floor, Ormond Building, 31 to 36 Ormond Quay Upper, Dublin D07. 01 903 6408. .
Editorial standards. Written and reviewed by Gary Matthews, a solicitor regulated by the Law Society of Ireland. Primary sources verified against the Irish Statute Book, Courts Service of Ireland, Law Society Practice Notes, and the Legal Services Regulatory Authority on the date shown. Last substantive update 21 April 2026 (added Ryan v Twilio Ireland Ltd [2025] IEHC 748 and section 60(6)(c) LSRA 2015 precision).
Summary. Yes. A client in Ireland can change solicitor at any stage of a no-win-no-fee personal injury claim. The arrangement ends on transfer. The old solicitor is entitled to be paid for work done to the date of termination. This is stated in the Law Society of Ireland's Ten Steps for the Transfer of Files [1]. The transfer follows a five-step protocol under the Legal Services Regulation Act 2015 [2]. The two-year limitation clock keeps running during the handover.
The short answer. You can switch. The no-foal-no-fee retainer ends when you move firm. A professional undertaking from your new solicitor typically releases the file without you paying upfront. The new firm forms a fresh retainer and issues its own Section 150 costs notice. The statute of limitations does not pause. Sources cited: Law Society Ten Steps 1 and the Legal Services Regulation Act 2015 2.
Bottom line in five bullets:
- You can change solicitor at any stage of a no-win-no-fee personal injury claim in Ireland. No court permission is needed.
- The old agreement ends on transfer. The departing firm is entitled to be paid for work done on a quantum meruit basis.
- You usually pay nothing out of pocket. Your new firm's professional undertaking secures the old firm's costs out of any settlement.
- The handover follows a five-step protocol: Form of Authority, Section 152 bill, 21-day review window, professional undertaking, new Section 150 notice.
- The two-year limitation deadline keeps running throughout the transfer. Tight deadlines change the playbook.
If you only have thirty seconds. Yes, you can change solicitor on a no-win-no-fee personal injury claim in Ireland at any stage. The old agreement ends and the new firm takes over through a Form of Authority, a Section 152 bill from the old firm, and a professional undertaking. You usually pay nothing upfront. Your two-year limitation deadline keeps running during the switch.
Contents
What you'll find here that other Irish guides miss:
- Ryan v Twilio Ireland Ltd [2025] IEHC 748. The current Irish High Court authority on the equitable limits of a solicitor's lien and GDPR rights on file transfer. Judgment of Ms Justice Emily Egan delivered 8 December 2025.
- The specific LSRA 2015 subsection (section 60(6)(c)) that empowers the Legal Services Regulatory Authority to direct a file handover where service was inadequate.
- Stage-by-stage differences between pre-IRB, active IRB assessment, IRB mediation (with its 10-day cooling-off under the Personal Injuries Resolution Board Act 2022), and post-issue court proceedings.
- The Ireland-versus-UK terminology traps (no-foal-no-fee is not a CFA, a professional undertaking is not a DBA, and Irish advertising rules differ materially from English ones).
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
Do you have the right to change solicitor in Ireland?
You can terminate your solicitor's retainer and instruct a new firm at any point during a personal injury claim. The solicitor-client relationship in Irish law is one of principal and agent. The client may determine the retainer at will. No court order is required. No Injuries Resolution Board consent is required. No agreement from the departing firm is required. The Law Society of Ireland Practice Note on Transferring Files [3] treats this as settled law.
What you do NOT need in order to switch
A clear list of what the rules do not require, which removes the most common blockers in the reader's mind.
- You do not need permission from any court to change solicitor.
- You do not need the consent of your old firm.
- You do not need to give a reason for the switch.
- You do not need to pay your old firm in full before moving.
- You do not need to wait for the end of the Injuries Resolution Board process.
- You do not need to restart your claim or the statutory clock.
- You do not need to find a barrister first, because the solicitor handles that.
A detail to fix in your mind before reading further. Changing solicitor does not restart your claim. Your medical reports, IRB application, Garda abstract, and all evidence transfer with the file. The incoming solicitor picks up where the departing firm stopped.
One of the most common reasons people stay with a solicitor they do not trust is the belief that the no-win-no-fee agreement locks them in. It does not. The belief is understandable, because the agreement feels like a contract the client cannot exit. The next section explains why the legal position is different.
Red flags that usually justify switching
From our practice, the following patterns almost always signal that a transfer will improve the outcome, not worsen it.
- No substantive update for eight weeks or more, and no clear reason for the silence.
- A different case handler every time you call, and no named solicitor on the file.
- Your Section 150 costs notice was never issued, or you cannot find it.
- The firm is pressuring you to accept an IRB assessment you consider too low.
- The firm will not tell you what medical reports have been commissioned or paid for.
- Deadlines have been missed, or you have received statute-barred warnings from the other side.
- The firm is a claims handler or marketing agency rather than a practising solicitor regulated by the Law Society of Ireland.
What happens to your no-win-no-fee agreement when you move?
The no-win-no-fee arrangement ends the moment you move solicitor. This is stated plainly in step 9 of the Law Society's Ten Steps for the Transfer of Files [1]. When the client terminates the retainer, the no-foal-no-fee arrangement terminates with it. The departing solicitor then becomes entitled to be paid for the reasonable value of work done up to the date of termination.
Irish courts have accepted the same principle in the Vesey v Kent Carty and Fabian Cadden personal injuries litigation [4]. The Supreme Court history confirms that a no-foal-no-fee arrangement is determined once the client moves firm. The discharged solicitor is generally entitled to fees on a quantum meruit basis.
Vesey v Kent Carty and Fabian Cadden
Holding. On termination of a no-foal-no-fee retainer, the discharged solicitor is entitled to reasonable fees for work done on a quantum meruit basis, not to the full conditional "win" fee. An attempted assignment of the NWNF retainer itself was held to breach the rule against assigning personal contracts.
Why it matters. This is the Irish authority for the core rule of this page. The NWNF ends on transfer and the fee entitlement is converted, not cancelled. Procedural history summarised via Irish Legal News [4].
Two consequences follow. First, the arrangement is a personal contract between you and that firm. It does not transfer to your new solicitor. The new firm forms its own retainer and makes its own decision about taking the case on a no-win-no-fee basis. Second, the old firm's entitlement to be paid is not eliminated by the fact that the original promise was conditional on winning. It is converted into an entitlement to be paid for work done.
Plain version. Your old firm does not get the full "win fee" because the case never concluded for them. They get paid for the time and outlays invested on your behalf up to the day you moved. The fees section explains how that payment is actually secured.
How does the five-step transfer work?
The transfer happens in five steps. First, you sign a Form of Authority. Second, your new solicitor writes to the old firm. Third, the old firm issues a Section 152 itemised bill. Fourth, you have 21 days to dispute it under section 153. Fifth, your new firm gives a professional undertaking, the file transfers, and a fresh Section 150 costs notice issues. The sequence is anchored to the LSRA 2015 [2] and the Law Society Practice Note [3]. Each step maps to a specific statutory or regulatory obligation.
Step 1: Sign a Form of Authority
You sign a short written instruction authorising the new firm to act on your behalf. It also authorises the new firm to request your file from the departing solicitor. If there are joint claimants, both must sign.
Step 2: Your new solicitor contacts the old firm
The incoming solicitor sends the signed Form of Authority to the departing firm. That letter formally requests the file and a calculation of outstanding costs. A courteous request and prompt response are what the Ten Steps Practice Note [1] describes as keys to a smooth handover.
Step 3: The old firm issues a Section 152 Bill of Costs
Under Section 152 of the Legal Services Regulation Act 2015 [5], the departing solicitor must produce a signed itemised bill. It covers professional fees, outlays, and services rendered to the date of termination. A solicitor exercising a lien must issue the bill as soon as reasonably possible.
Step 4: Review inside the 21-day window
Under section 153 of the LSRA 2015 [6], you have 21 days from receiving the bill to raise a written dispute about any charge. Unresolved disputes can go to the Office of the Legal Costs Adjudicators [7]. That office replaced the old Taxing Master in 2019. You can also complain to the LSRA [8].
Step 5: Professional undertaking, file release, and new Section 150 notice
To overcome the old firm's common-law lien, your new solicitor provides a written professional undertaking. The undertaking protects the departing firm's costs from any eventual settlement. Once accepted, the file transfers. Your new solicitor then issues a fresh Section 150 costs notice under the LSRA 2015 [2]. That notice sets out how the new firm's fees will be calculated. It also covers anticipated third-party charges. A cooling-off period of up to 10 working days applies before substantive work begins. It can be waived in writing if delay would prejudice your claim.
What your new Section 150 notice must cover in a transfer
A Section 150 notice in a transfer context is not the same as one issued to a brand-new client. It must explicitly address four points that a generic notice can ignore.
- The fee basis going forward under the new retainer, stated as an hourly rate, fixed fee, or no-win-no-fee depending on what has been agreed.
- How the professional undertaking to the old firm will be discharged, and from which source (settlement proceeds, client funds, or otherwise).
- The status of outlays already paid by the old firm, noting whether they have been refunded, deferred, or are in dispute.
- Whether counsel briefed by the old firm continues in the case, and how any counsel's fees are being handled.
A Section 150 notice that is silent on any of these four points in a transfer is defective. That same gap in cost transparency is often what prompted the switch in the first place.
Fees: who pays the old solicitor, and when?
In most transfers you pay nothing out of pocket to the old firm. The incoming solicitor's professional undertaking secures the old firm's costs. They are paid from the settlement when the case resolves. This is the standard mechanism. It is why most no-win-no-fee claimants can switch without liquidating anything.
The mechanism rests on a distinction in Irish practice. Professional fees cover the solicitor's own time. Outlays cover third-party costs already paid on your behalf. Examples include medical reports, engineer reports, and the IRB application fee.
| Category | Typical treatment | What you usually pay now |
|---|---|---|
| Professional fees (old firm's own time) | Deferred via professional undertaking from your new firm. Payable from the final settlement. | Nothing. |
| Outlays already paid (medical reports, engineer reports, IRB fee, Garda abstract) | The Law Society Practice Note recommends these are refunded to the old firm immediately on transfer, not deferred [3]. | Usually covered by the incoming firm as part of taking on the file. |
That second line is the under-explained part of Irish transfer guidance. A professional undertaking that works for deferred professional fees will often be refused for already-paid outlays. A responsible incoming firm will discuss up front with the departing firm whether outlays are refunded immediately or folded into the undertaking. For standard road-traffic claims with one or two medical reports, outlays are rarely a blocker. For complex cases with multiple expert reports, they can be.
Paid and unpaid medical reports and counsel's fees
Paid-for medical reports belong to you once the fee is discharged. Unpaid reports stay under the expert's control. The Law Society Practice Note explains that if fees for reports have not been paid, the expert's consent is needed before a new solicitor can use them [3]. Counsel's fees follow a parallel rule. If the same barrister continues to act, counsel typically waits for payment until the case concludes. If a different barrister is briefed, the original counsel's fees are paid immediately.
Professional Undertaking: what the wording usually looks like
A professional undertaking is short. A standard form runs close to this wording, which your new solicitor drafts on their letterhead.
"We, [new firm name], undertake to [old firm name] as follows. Upon successful conclusion of the above claim, we will discharge from the settlement proceeds your reasonable professional fees for work done to the date of transfer. We will also discharge any outlays not already refunded. The firms agree the sums between themselves, or the Office of the Legal Costs Adjudicators adjudicates if they cannot agree."
The exact figures are left open until the Section 152 bill is drawn and any dispute is resolved. This is a binding professional commitment on the incoming firm.
Will the new firm take you on no-win-no-fee too?
Most standard personal injury transfers are accepted on a fresh no-win-no-fee basis. The new firm is not obliged to do so. The no-foal-no-fee arrangement is a personal contract between client and solicitor. It cannot be assigned to the new firm like a lease or service contract.
An Irish case illustrates this. Where a no-win-no-fee agreement was purportedly assigned by one firm to another, the court held the assignment breached the rule against assigning personal contracts [9]. The second firm could not recover its costs on that basis. The practical rule is clean. The new firm forms a new retainer and issues its own Section 150 notice.
Whether that new retainer will be no-win-no-fee depends on the new firm's own assessment. Experienced claimant-side firms accept most standard transfers. Harder conditional-fee cases include claims close to the two-year limitation, claims with disputed liability, and claims already far down the litigation track. The risk profile is different at those points.
Under the LSRA Advertising Regulations 2020, solicitors cannot advertise "no win no fee" services for personal injury claims. They can negotiate such arrangements individually with clients during consultation. Any firm openly advertising the term is either breaching those rules or is a non-regulated claims-harvesting site.
What if your old solicitor refuses to release the file?
A solicitor's common-law lien gives the departing firm a right to hold the file until fees are paid. The lien is not absolute. Three routes can override or set it aside. A fourth backstop exists through the courts.
| Mechanism | Authority | When it works |
|---|---|---|
| Professional undertaking | Law Society Practice Note [3] | The standard route. Almost always accepted for professional fees. May be refused for unpaid outlays. |
| GDPR Article 20 data portability | Regulation (EU) 2016/679, Article 20 [10] | Overrides the lien for personal data you provided. Examples include medical records and correspondence. Does not cover the solicitor's own work product. |
| LSRA direction under s.60(6)(c) | Section 60(6)(c) LSRA 2015 [11] | Where the LSRA finds that legal services were inadequate, it can direct the practitioner to transfer documents to another legal practitioner nominated by the client. |
| Court order | Common law. See Ryan v Twilio Ireland Ltd [2025] IEHC 748 [12] | A court may set aside a lien where retention would prejudice the client's case. The 2025 High Court decision reaffirmed the equitable limits on a solicitor's lien and client access rights. |
The GDPR route is under-discussed by most Irish guides. It is practically important. Article 20 applies to personal data you provided in a commonly used, machine-readable format. The Law Society Practice Note expressly acknowledges that this portability right overrides the solicitor's lien. The override does not extend to internal file notes, strategy memoranda, or materials the firm created for its own purposes [3].
Ryan v Twilio Ireland Ltd [2025] IEHC 748
Holding. In an ex tempore judgment delivered on 8 December 2025, Ms Justice Emily Egan reaffirmed the equitable limits on a solicitor's lien. The court applied the Law Society's Practice Note on Transferring Files and held that client access rights and GDPR data portability sit alongside the lien, not behind it.
Why it matters. This is a fresh 2025 authority claimants can point to if a departing firm is holding the file aggressively. From handling incoming transfers, a short letter citing Ryan v Twilio and Article 20 usually shifts the position within days. Judgment via the Courts Service of Ireland judgments search.
Third-party undertaking exception. If your old firm has given a personal undertaking to a third party on your behalf, you cannot unilaterally end the retainer without their consent. An example is an irrevocable undertaking to a medical consultant to pay a report fee from any settlement. The Practice Note confirms a solicitor is not required to cooperate with a transfer that would leave them exposed to an outstanding third-party liability [3].
Delay in handing over a file without good reason is not a minor issue. LSRA data for 2023 recorded failure to hand over files as the third highest category of misconduct complaints. It made up about 11 per cent of misconduct complaints that year [13]. Unreasonable delay can itself become grounds for a formal LSRA complaint.
Which release route should you try first?
The four mechanisms are not alternatives you pick at random. They have a practical order of escalation.
| Your situation | Try first |
|---|---|
| Normal retainer, fees-only dispute | Professional undertaking from your new firm. |
| Outlays unpaid (medical reports, engineer reports) | Immediate outlay refund by the incoming firm, or a specific undertaking naming each outlay. |
| Firm silent or unreasonably slow | GDPR Article 20 request for your personal data, plus a letter citing the Ten Steps Practice Note. |
| Service quality complaint or misconduct | LSRA complaint under s.60 of the Legal Services Regulation Act 2015 [11]. |
| Any of the above plus an imminent deadline | Apply to court for a lien release. See Ryan v Twilio [12]. |
GDPR Article 20 request: what to include
An Article 20 request does not need a barrister to draft. The core elements are short and specific. A workable template reads:
"Under Article 20 of Regulation (EU) 2016/679, I exercise my right to data portability. Please transfer all personal data I provided to your firm to [new firm name and address] in a commonly used, machine-readable format within one month. This includes medical records, correspondence, photographs, and IRB documentation. This request is independent of any unresolved fee dispute, which can be handled in parallel."
Add your full name, date of birth, the file reference if you have one, and your signed consent for the transfer. The one-month response window is set by Article 12(3) of the GDPR.
What changes at each stage of your claim?
Four stages, four different playbooks. Pre-IRB: simplest, minimal outlays. Active IRB assessment: portal handover inside a nine-month window that does not pause. IRB mediation: time-sensitive against a 10-day cooling-off on agreed terms. Post-issue court proceedings: a formal Notice of Change of Solicitor in the Central Office. Most Irish explainers treat the transfer as a single event. It is not.
If your case is pre-IRB application: the transfer is the simplest. Outlays are typically minimal. The new firm can submit the IRB application in your name.
If your case is under active IRB assessment: the incoming solicitor must update the IRB Solicitor Portal so all correspondence and assessment notices route to the new firm. The nine-month assessment window does not pause. Administrative handover has to happen quickly.
If your case is in IRB mediation (employer or public liability): the Personal Injuries Resolution Board Act 2022, section 9 [14] introduced a formal mediation service. A 10-day cooling-off period applies to any agreed terms. A transfer mid-mediation is time-sensitive. Once that period lapses the agreement becomes a binding Order to Pay.
If proceedings have issued in court: your new firm files a formal Notice of Change of Solicitor (Form No. 18) in the Central Office and serves the other parties [15]. A court stamp duty applies to the High Court filing. No court order is needed. The notice takes effect on filing and service.
How long does a solicitor transfer take in Ireland?
In our experience handling incoming transfers, a straightforward switch takes about two to four weeks. That covers signing the Form of Authority through to the new firm being fully in possession of the file. Contested bills, lien disputes over outlays, or firms that delay responding can extend this.
From our practice at Gary Matthews Solicitors (Dublin, 2025 to 2026). Most delays in incoming transfers trace to one of four specific causes, in this rough order of frequency:
- Unpaid medical report fees. When a consultant's invoice has not been settled by the departing firm, the doctor's consent is needed before a new solicitor can rely on the report. Allow three to five extra working days to secure that consent.
- Disputed Section 152 bills. Where the outgoing bill looks high, the client triggers the 21-day review window under section 153 LSRA 2015. That alone adds three weeks if the dispute is live.
- August and the December 20 to January 6 window. Many Dublin firms reduce staffing in these periods. A transfer started in early August or mid-December commonly runs one to two weeks over.
- Joint claimants who have not both signed the Form of Authority. This sounds procedural but it holds up transfers until both signatures are in.
Absent one of those four, a Form of Authority signed on a Monday usually produces a file at the new firm's offices within ten working days. If your transfer is stalling beyond that, a short letter citing Ryan v Twilio Ireland Ltd [12] and GDPR Article 20 typically moves the position within days.
The two-year limitation clock applies through the Statute of Limitations (Amendment) Act 1991, section 3 [16]. It applies to personal injury claims by virtue of the Civil Liability and Courts Act 2004 [17]. The clock does not pause during transfer.
Limitation warning. Irish case law shows what this means in practice. In one reported situation a solicitor took over a road-traffic matter shortly before the two-year deadline. The solicitor failed to file the required application in time. The claim was held to be statute-barred. If your transfer falls inside three months of the deadline, your new solicitor should issue a protective IRB application. For claims exempt from the IRB, protective proceedings should issue. Do not wait for the full file to arrive. Ask specifically about protective filing at your first meeting.
When switching may actually hurt your claim
Against the grain of most guidance on this topic, there are genuine situations where changing solicitor makes the position worse, not better. A short list of those situations.
- A settlement offer is on the table and the deadline to accept it sits inside your transfer window. A transfer mid-offer can cause the offer to lapse.
- A mediated agreement has been reached at the IRB and you are inside the 10-day cooling-off window under the Personal Injuries Resolution Board Act 2022 [14]. Switching at that moment rarely produces a better outcome and can lose the agreed terms.
- Your liability is disputed and your current firm is about to brief an expert with specialist knowledge of the issue. An incoming firm may need weeks to replicate that work.
- The complaint is a communication problem rather than a legal one. A firm meeting with the current solicitor sometimes resolves the issue faster than a transfer.
None of these is a reason to stay with a firm that is failing you. They are reasons to plan the timing of a switch carefully rather than act in the heat of the moment.
How does Irish terminology differ from UK no-win-no-fee?
Much online advice for "change no-win-no-fee solicitor" is written for England and Wales. Importing that framework into an Irish decision can lead you wrong. Four terms cause confusion.
| UK term | Irish equivalent | Why it matters on transfer |
|---|---|---|
| Conditional Fee Agreement (CFA) | No-win-no-fee or no-foal-no-fee retainer | Ireland has no statutory CFA regime. Terms are negotiated individually. Your safeguard is the Section 150 notice, not a standard-form CFA. |
| After-the-Event (ATE) insurance | No direct equivalent in standard Irish PI practice | Irish firms promoting ATE as the default are importing a UK model. Irish claimants typically rely on the solicitor's own willingness to carry disbursement risk. |
| Legal Ombudsman | Legal Services Regulatory Authority (LSRA) [8] | Complaints about service, excessive costs, or misconduct go to the LSRA in Ireland, not to any Ombudsman. |
| Solicitors Regulation Authority (SRA) | Law Society of Ireland (regulation) and LSRA (complaints) | Two bodies in Ireland, not one. The Law Society regulates practice. The LSRA investigates complaints. |
How do you dispute the old firm's bill of costs?
If the Section 152 bill looks excessive, you have 21 days under section 153 to put your dispute in writing. Send a written statement to the departing firm identifying the specific items you dispute and the basis for the objection. If the firm does not resolve the dispute informally, two formal routes are open to you.
The first is adjudication through the Office of the Legal Costs Adjudicators [18]. That office provides an independent assessment of whether the amount charged is fair and reasonable. The second is a complaint to the LSRA [8]. The LSRA can investigate excessive costs, inadequate services, and misconduct. Its informal resolution process is free. A trained mediator can broker an agreement.
In parallel with any dispute, the rest of the transfer can continue. Your claim does not have to wait for the fee dispute to resolve. The incoming firm's undertaking holds the old firm's entitlement in suspense until a final amount is agreed or adjudicated.
Expand your knowledge
Related pages on this site go deeper on specific aspects of a switch or a no-win-no-fee claim.
- No-win-no-fee solicitors in Ireland. Our main guide to how no-foal-no-fee actually works in Ireland, including what your solicitor can and cannot agree to charge you.
- The full transfer process for any personal injury claim. The same process walked through for any personal injury claim, not just the no-win-no-fee ones covered here.
- How solicitor fees work in Ireland. Section 150 notices, disbursements, and settlement deductions.
- Can you lose money on a no-win-no-fee claim? The honest answer, including adverse costs risk.
- Changing your medical negligence solicitor. How clinical negligence transfers differ.
Your rights during a solicitor transfer in Ireland
Three bodies of rules give you protection during the switch. A consolidated view, with the source of each right, reduces the risk of any single one being overlooked.
| Your right | Source |
|---|---|
| Terminate the retainer at will and instruct a new firm at any stage. | Law Society Practice Note on Transferring Files [3] |
| Receive an itemised Section 152 bill of costs within a reasonable time. | Section 152 LSRA 2015 [5] |
| Dispute any charge in the bill within 21 days of receipt. | Section 153 LSRA 2015 [6] |
| Ask the Office of the Legal Costs Adjudicators to assess disputed costs. | Citizens Information [7] |
| Complain to the LSRA about excessive costs, inadequate service, or misconduct. | LSRA complaints process [8] |
| Receive a fresh Section 150 cost disclosure from your new firm before substantive work. | Section 150 LSRA 2015 [2] |
| Use Article 20 GDPR data portability to recover personal data independently of any fee dispute. | Regulation (EU) 2016/679 [10] |
| Seek LSRA direction under s.60 to release the file where service was inadequate. | Section 60 LSRA 2015 [11] |
Common questions
Can I change my no-win-no-fee solicitor in Ireland at any stage?
Yes. You can terminate the retainer at any point from first instruction through to the day before settlement. The Law Society's Practice Note on Transferring Files confirms the client's right to determine the retainer at will.
Why it matters. The belief that a no-win-no-fee agreement locks you in is the most common reason claimants stay with a firm they no longer trust. It is not correct in Irish law.
Next step. Read your current retainer letter or Section 150 notice to understand the termination wording. Then speak to a prospective new firm.
Do I have to pay my old solicitor if I change on no-win-no-fee?
In most cases you pay nothing upfront. Your new solicitor gives the old firm a professional undertaking to pay reasonable costs from the eventual settlement. The no-foal-no-fee arrangement has ended. The old firm is entitled to be paid on a quantum meruit basis for work done. That entitlement is secured by the undertaking rather than collected from you.
Why it matters. The distinction between "the no-win-no-fee has ended" (true) and "you must now pay the old firm out of pocket" (usually not true) causes unnecessary anxiety.
Next step. Ask your new firm in writing how the undertaking will be worded. Ask whether any outlays need to be settled immediately.
Will my new solicitor take me on no-win-no-fee as well?
Usually, for standard personal injury cases. The new firm forms its own retainer because a no-foal-no-fee arrangement is a personal contract and cannot be assigned. Each firm assesses the case on its own merits. Cases with imminent limitation deadlines, disputed liability, or complex expert evidence may be harder to take on conditionally.
Why it matters. A firm that asks for case detail before committing is doing the right thing, not stalling.
Next step. Bring your original Section 150 notice, any medical reports, and the IRB authorisation (if issued) to the first meeting.
How long does a solicitor file transfer take in Ireland?
Most straightforward transfers take two to four weeks from the Form of Authority to the file arriving at the new firm. Delay in issuing the Section 152 bill, disputes over outlays, or unresponsive departing firms can extend that. A claim approaching its two-year limitation deadline needs urgent protective steps from the incoming firm because the clock does not pause.
Why it matters. A clear sense of timing helps decide whether a protective IRB application is needed before the full file arrives.
Next step. Tell any prospective new solicitor your accident date at the first call.
What if my old solicitor refuses to hand over my file?
An Irish solicitor has a common-law lien and can hold the file until fees are paid. The lien is not absolute. Four routes can override it. The standard route is a professional undertaking from your new firm. A second route is a GDPR Article 20 data portability request for your personal data. A third is a direction of the LSRA under section 60 of the LSRA 2015. A court order is available where retention would prejudice your case.
Why it matters. The Law Society's own practice note recognises the GDPR override. Many claimants do not realise it exists.
Next step. If the departing firm is not responding, your new solicitor can escalate through these routes in sequence.
Can I still switch after I have rejected an IRB assessment?
Yes. The right to change solicitor does not depend on where the claim sits in the IRB process. A transfer at that stage is procedurally straightforward. In an IRB mediation, the 10-day cooling-off period on any agreed terms under the Personal Injuries Resolution Board Act 2022 is time-sensitive. Act quickly.
Why it matters. Post-authorisation is often the point where claimants most want a second opinion. Many assume it is too late.
Next step. If a 28-day IRB assessment decision window is running, contact any prospective new firm before it expires.
What happens to my medical reports and outlays already paid for?
Paid-for medical reports belong to you and transfer with the file. The Law Society Practice Note recommends that outlays already paid by the departing firm are refunded immediately on transfer, rather than deferred to settlement. If a medical report fee remains unpaid, the doctor's consent is needed before a new solicitor can rely on it.
Why it matters. Outlays are the most common friction point in a transfer, especially where expert reports have been commissioned.
Next step. Ask each firm for a written list of paid-for and unpaid outlays before the transfer.
Does the two-year limitation clock pause when I change solicitor?
No. The two-year deadline under the Statute of Limitations (Amendment) Act 1991, as it applies to personal injury claims, keeps running during a file transfer. If your deadline is within three months, your new solicitor should take protective steps. That can be a protective IRB application, or protective court proceedings where the claim is exempt from the IRB.
Why it matters. Claims have been lost because the incoming solicitor did not move fast enough to file before the deadline.
Next step. At the first meeting, confirm in writing what protective steps will be taken and by when.
Can I use GDPR to get my file if the old firm will not release it?
Yes, for the personal data you provided. Article 20 of the GDPR gives you a right of data portability. The Law Society's Practice Note expressly acknowledges that this right overrides the solicitor's lien for personal data. The override does not force release of the firm's own work product, such as internal file notes and strategy memoranda.
Why it matters. A GDPR route can free up core evidence (medical records, correspondence) even while a fee dispute is unresolved.
Next step. Your new solicitor can frame a dual request. One is a request for the file under the Practice Note. The other is a formal Article 20 data portability request.
Key terms in one place
Short definitions of the terms this page relies on, so each term carries its own extractable meaning.
- Form of Authority. A short signed instruction from the client authorising the new firm to act and to request the file from the old firm.
- Professional Undertaking. A binding written promise from one solicitor to another, here used by the incoming firm to secure the old firm's costs out of any settlement.
- Solicitor's Lien. The common-law right of a solicitor to retain a client's file until outstanding fees are paid. Not absolute and can be overridden.
- Quantum Meruit. Latin for "as much as he has earned". The basis on which a discharged solicitor is paid for work done when the original no-foal-no-fee arrangement ends.
- Section 150 notice. The written cost disclosure a solicitor must provide before starting work under the Legal Services Regulation Act 2015.
- Section 152 bill. The itemised bill of costs a solicitor must issue, including when a client moves to a new firm.
- No-foal-no-fee. The Irish name for a conditional retainer where the solicitor waives professional fees if the claim does not succeed. Known elsewhere as no-win-no-fee.
Who's who in an Irish solicitor transfer
One-line descriptors for every body mentioned on this page.
- Law Society of Ireland. The professional regulator for solicitors. Publishes the Ten Steps and Transferring Files practice notes.
- Legal Services Regulatory Authority (LSRA). The statutory body that handles complaints about solicitors and sets advertising regulations. Operational since 7 October 2019.
- Office of the Legal Costs Adjudicators (OLCA). Independent adjudication of disputed legal bills. Replaced the old Taxing Master in 2019.
- Injuries Resolution Board (IRB). The statutory body that assesses most personal injury claims. Renamed from PIAB in December 2023.
- Courts Service of Ireland. Administers court filings, including Form No. 18 Notice of Change of Solicitor.
References
- Law Society of Ireland, Ten Steps for the Transfer of Files (Practice Note). lawsociety.ie.
- Legal Services Regulation Act 2015 (Updated October 2019), section 150. Revised Acts, Law Reform Commission.
- Law Society of Ireland, Transferring Files Between Solicitors (Practice Note, Second Edition). lawsociety.ie.
- Vesey v Kent Carty and Fabian Cadden (Supreme Court and Court of Appeal procedural history). Summary via Irish Legal News.
- Legal Services Regulation Act 2015, section 152. Revised Acts.
- Legal Services Regulation Act 2015, section 153. Revised Acts.
- Citizens Information, Office of the Legal Costs Adjudicators (Updated 2025). citizensinformation.ie.
- Legal Services Regulatory Authority, What You Can Complain About and Your Legal Costs Duties. lsra.ie.
- Gary Matthews Solicitors, Changing Solicitor on a No Win No Fee Agreement (internal commentary on assignment of retainers under Irish contract law). See the No Win No Fee pillar page.
- Regulation (EU) 2016/679 (General Data Protection Regulation), Article 20. eur-lex.europa.eu.
- Legal Services Regulation Act 2015, section 60 (LSRA resolution of complaints about inadequate services). Subsection (6)(c) empowers direction to transfer documents to another nominated practitioner. Revised Acts.
- Ryan v Twilio Ireland Ltd [2025] IEHC 748. Ex tempore judgment of Ms Justice Emily Egan, delivered 8 December 2025 (Record No 2023/6292 P). Courts Service of Ireland judgment PDF. Commentary via CaseMine.
- Legal Services Regulatory Authority, Independent Complaints Handling Report (April 2024), reporting 2023 calendar-year complaints data. lsra.ie.
- Personal Injuries Resolution Board Act 2022, section 9. irishstatutebook.ie.
- Courts Service of Ireland, Form No. 18, Notice of Change of Solicitor. courts.ie.
- Statute of Limitations (Amendment) Act 1991, section 3. Revised Acts.
- Civil Liability and Courts Act 2004. Revised Acts.
- Courts Service of Ireland, Office of the Legal Costs Adjudicators. courts.ie.
If this applies to your situation, a solicitor can assess your specific circumstances and advise on how a transfer would work in your case. Arrange a consultation or call 01 903 6408. Based in Dublin, serving clients nationwide across Ireland. No in-person meetings needed.
In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This page is general information, not legal advice. Outcomes vary case by case. Always consult a qualified solicitor about your specific circumstances.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
