Can I change solicitors?

Transferring your case at the police station stage or prior to your first court hearing

This is straightforward if you have been released under investigation, bailed to return to the police station or are waiting for a charging decision from the police. If you are charged and have not instructed your police station solicitor to apply for legal aid or agreed private funding, then we can assist you.

Transferring your criminal defence to a new solicitor explained

We are here to answer your questions about changing your solicitor, including:

• What are the benefits of using a private solicitor over a duty solicitor?
• How can you transfer your case to a different solicitor?
• When should you transfer your case to a different solicitor?
• How does transfer of legal aid to a new solicitor work?
• Why is JD Spicer Zeb the right choice for your case?

Benefits of using a private solicitor over a duty solicitor

Duty solicitors are qualified criminal defence lawyers, but they work on a rota system. This means you are assigned whoever is available rather than choosing your own representative.

While many duty solicitors are committed and capable, the system can mean you don’t always receive the strongest representation. You may get a very experienced lawyer, or someone less experienced, overstretched, or not as proactive as you would like.

A duty solicitor may:

• Not know you or your case beforehand

• Lack recent or specialist experience with the charges you face, especially serious or complex ones

• Only be funded for police interviews or court hearings, limiting support outside these settings

• Be handling many clients, reducing the time available for your case

• Be less experienced than a specialist criminal defence solicitor

• Be overworked due to limited legal aid funding, affecting service quality

• Be unable to speak to police or prosecution in advance to explore out-of-court disposals (e.g. cautions or community resolutions)

Benefits of using a private criminal defence solicitor experienced in your type of charges include:

• Time to understand you and your case properly

• Specialist expertise relevant to your situation

• Pre-charge and pre-hearing advice to build an early defence strategy

• Ability to negotiate out-of-court disposals such as cautions or community resolutions

• Capacity to give your case full focus

• Consistent support from an experienced criminal defence specialist

• Better overall client care due to more time and resources

How to transfer your case to a different solicitor once the case has reached court

Transferring your criminal defence to a new solicitor is straightforward. If you have legal aid, the steps are:

1. Choose your new solicitor

2. Complete a Notice of Change of Solicitor form (usually prepared by your new solicitor)

3. Sign the form

4. Your new solicitor submits it to the Court

If you have a Representation Order (legal aid), you must also apply to the Court to transfer it. The Court will decide whether your legal aid can move to your new solicitor. If not approved, you may need to fund your defence privately.

Read more about how transfer of legal aid to a new solicitor works.

When to transfer your case to a different solicitor

There are many reasons why you might want to change the solicitor handling your criminal defence, and several stages in a case where defendants commonly make this decision.

People often change solicitors when their current solicitor has:

• Made errors that harm the defence or reduce confidence in them

• Been unavailable when needed, including for representation or urgent advice

• Failed to respond to calls or emails

• Not attended court as required

• Not followed instructions

• Admitted they lack experience with the charges involved, especially serious or complex ones

• Suggested a strategy you disagree with, such as pleading guilty when you are innocent

• Treated you poorly or without sensitivity

• Failed to explain your case or options clearly

• Left you feeling unable to trust them

Some defendants also simply do not get on with the duty solicitor they were assigned and prefer someone they can build a better relationship with.

Because strong representation is crucial, any of these issues is a valid reason to consider moving to a new solicitor.

Common times to consider changing solicitors include when:

• You are re-arrested or called back for another police interview

• You have been charged with an offence

• You have been convicted and want to appeal

You can transfer your case at any stage, but these milestones often prompt defendants to reassess whether their current representation is working for them.

How transfer of legal aid to a new solicitor works

Where you have received a Representation Order (a.k.a. ‘legal aid’) to cover the cost of your criminal defence, you may be able to transfer this to a new solicitor, but it will depend on the reason why you need to change solicitor. The courts are very reluctant to transfer legal aid. You should always attempt to work with your existing solicitor where you are able to do so.

You may be able to transfer a Representation Order to a new solicitor if one of the following applies:

• Your current solicitor has to withdraw from the case e.g. due to illness or professional reasons, such as a conflict of interest
• Your relationship with your current solicitor has seriously broken down e.g. because they gave you negligent advice which has harmed your defence
• There is another ‘substantial compelling reason’ that you need to change your legal representation – it will be up to the judge handling your case to decide what is acceptable as a substantial compelling reason to change solicitor and this can be a hard standard to meet

If you are unable to transfer your Representation Order to a new solicitor, it may be necessary to fund your case privately. While this can make your defence more expensive, it is hard to put a price on the difference an experienced specialist criminal defence lawyer can make – especially when you may be facing a prison sentence, substantial fine and serious consequences for your reputation and future.

In our view, the cost of funding your criminal defence privately is usually a sound investment as the benefits of getting the best possible representation really can be so lifechanging.

Find out more about funding your criminal defence.

Why JD Spicer Zeb is the right choice for your case

There are many reasons why we believe JD Spicer Zeb is the top choice for anyone facing serious criminal charges, including:

• Over 40 years of specialist criminal defence experience representing people just like you who are facing serious and complex charges
• Law Society accredited in Criminal Litigation
• Sensible advice on the best available outcome for your situation and what you need to do to achieve it
• Empathetic support at what we know can be a very difficult time
• Robust representation for police interviews and court proceedings to make sure you are not treated unfairly
• Smart, tactical advice to ensure you start building the strongest possible defence from the earliest opportunity
• Contactable 24 hours a day, 7 days a week, so you can always speak to your solicitor when you need to

Transfer your case to the expert criminal defence team at JD Spicer Zeb

To discuss transferring your case to JD Spicer Zeb, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham or Manchester by telephone on:

• Brent & Camden Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.