Can I change personal injury lawyer mid-claim in Queensland? (2026)
Yes, you can change personal injury lawyer during a Queensland claim. QLS guidance says you don’t have to explain why. Your new lawyer usually asks for the file, which should move within days. However, you may still owe your old firm costs, so check your costs agreement before you switch.
Key takeaways
Can you change personal injury lawyer mid-claim?
Yes. In Queensland, you can change personal injury lawyer at any stage of a claim. QLS Guidance Statement No. 30 says the client is “under no obligation to explain or justify their decision”. It also says that once you confirm your instructions, the old solicitor must follow them and must not try to change your mind.
The Australian Solicitors’ Conduct Rules also cover this. Rule 13 says a solicitor must complete the work for a matter unless, among other things, the client discharges the practice. So ending the engagement is your call.
Changing is a big step, though, so it helps to know how it works first. For the wider picture, see our guide on how to choose a personal injury lawyer in Queensland. For fee rules, see our fees guide.
Common reasons people change personal injury lawyer
People switch lawyers for many reasons. For example, they may feel they get too little contact or don’t understand the costs. Sometimes the person handling the file has left the firm. Others want a second opinion on an offer.
Before you switch, it can help to raise the concern directly. Under LPA s 317, a law practice must give you, on reasonable request, a written report on the progress of your matter. It must also give you a written report of the legal costs to date. The practice can charge a reasonable amount for the progress report, but not for the costs report.
If the answers still don’t satisfy you, then switching may make sense. Our list of questions to ask a personal injury lawyer can help you compare the new firm with the old one.
Before you change personal injury lawyer, also ask the new firm to review your costs agreement. That way you know what the first firm may charge before you commit.
How the file transfer works when you change personal injury lawyer
When you change personal injury lawyer, the new firm usually handles the paperwork. In most cases, you first choose a new lawyer. The new firm then asks you to sign an authority to collect your file. The old firm receives that authority and arranges the transfer.
Guidance Statement No. 30 says the form of the authority depends on the terms of the retainer. It also says the old firm should cooperate with the new solicitors and deliver documents promptly. In addition, the old firm should tell the new solicitors or you about upcoming work and limitation periods.
On timing, QLS says “the expectation is that the file would be transferred in a matter of days, not weeks”, absent exceptional circumstances. Under ASCR rule 14, the old solicitor must give you or your authorised person your client documents as soon as reasonably possible when asked, unless there is an effective lien.
Liens and unpaid costs
A lien is a lawyer’s right to keep client documents until the client pays costs. QLS says solicitors can withhold client documents in some cases. However, the right is not absolute.
Under ASCR rule 15, the rule changes where documents are essential to current proceedings. If another solicitor now acts for you, the old solicitor must hand them over in either of two cases. The first is where the new solicitor undertakes to hold them subject to the lien and keeps reasonable security for the unpaid costs. The second is where the old solicitor agrees to the new solicitor paying those costs when the proceedings end.
Also, QLS says a firm can’t charge for storing or retrieving your documents unless you expressly agreed to that. The firm need not provide copies it made for its own purposes and did not charge you for.
What happens to the old firm’s fees
When you change personal injury lawyer, the first firm’s work doesn’t disappear. What you owe depends on your costs agreement. Many no win, no fee agreements say what happens if you end the retainer early, so read that clause first.
In practice, the new firm often agrees to pay the old firm’s costs at the end of the claim. That matches the second option in ASCR rule 15.1.1. Ask the new firm to explain in writing how it will handle the old firm’s account.
Keep the 50/50 rule in mind as well. Under LPA s 347, the cap applies to a law practice’s claim-related costs in a speculative personal injury claim. Ask both firms how the cap will apply to the total legal costs. Our fees guide explains the formula.
If you think the old firm’s bill is too high, you have options. You can ask for an itemised bill under LPA s 332, and the firm can’t charge for preparing it. You can also apply for a costs assessment, generally within 12 months after the bill under s 335.
New law practice certificates and deadlines
Queensland’s claim farming rules add a step when you change personal injury lawyer. A new firm retained after notice of the claim must complete a law practice certificate within 1 month. The certificate confirms there was no paid referral or cold approach.
For CTP claims, MAIA s 37AB says the certificate goes to the insurer. For public liability and medical negligence claims, PIPA s 9C says a copy goes to the respondent. Likewise, for WorkCover damages claims, WCRA s 325I sets out a similar duty.
Your deadlines keep running while you switch. So ask the new lawyer early about court time limits, any pending offers and any steps due soon.
If you have a complaint about your old lawyer
Changing lawyers and complaining about one are separate things. If you have concerns about a lawyer’s conduct, you can lodge an enquiry with the Legal Services Commission. For CTP claims, MAIC says disagreements with legal representatives should go to QLS or the LSC.
Act reasonably promptly. Under LPA s 430, the commissioner may dismiss a complaint made more than 3 years after the conduct, unless certain exceptions apply.
A checklist before you change personal injury lawyer
A short checklist can make the move smoother. It also helps you avoid surprises about costs later.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
Firms that handle this kind of claim
See Queensland firms ranked for each claim type and area, or put any two or three side by side. Every fact is checked and dated.