Can I change solicitor halfway through conveyancing?

Most conveyancing transactions run smoothly, but sometimes the relationship breaks down. Perhaps updates have dried up, deadlines are being missed or you simply do not have confidence in the person handling your file. You are entitled to change conveyancer, even part way through. This guide explains how it works.

Are you allowed to change solicitor mid-transaction?

Yes. You are the client, and you can end your retainer with a conveyancing firm at any time. You do not need the firm's permission. The same applies whether you are buying, selling or remortgaging, and whether the firm is a firm of solicitors regulated by the SRA or a licensed conveyancer regulated by the CLC.

That said, changing firm is not always the best answer. Before deciding, think about what is going wrong and whether it can be fixed.

Try to resolve the problem first

Many issues can be sorted out with a direct conversation:

• Ask for a clear update in writing, including what is outstanding and who it is waiting for.
• Ask to speak to the supervising partner or team leader.
• Use the firm's complaints procedure if service has fallen short. Every regulated firm must have one.

Sometimes the delay is not the conveyancer's fault at all. It might be the other side, the lender, a management company or a slow search. Our guide on why conveyancing can take so long explains the common causes.

How does switching work?

1. Choose and instruct a new conveyancer. Get a fixed-fee quote, check they are regulated and confirm they can act for your lender if you have a mortgage.
2. Complete the new firm's onboarding. Expect identity checks and anti-money laundering checks, even if you did these with the first firm.
3. Tell your current firm in writing. Say that you are ending their instruction and ask them to transfer the file to your new conveyancer.
4. The file is transferred. The new firm reviews it, notifies the other side's conveyancer and your lender, and carries on.

Your new conveyancer will often handle steps 3 and 4 with you, as they know what to ask for.

Will I still have to pay the first firm?

Usually, yes, for work done and costs incurred. What you owe depends on your client care letter and terms of business. You may be asked to pay for:

• Legal work completed so far, often charged on a time or stage basis.
• Disbursements already paid, such as search fees or Land Registry fees.
• VAT on those amounts.

If your first firm offered no-completion-no-fee terms, check carefully whether they apply when you choose to move firms rather than when a sale falls through. Often they do not.

Searches already paid for belong to the transaction and can generally be passed to the new firm with the file, so you should not need to pay for them twice, although very old searches may need to be renewed.

Can a firm refuse to hand over my file?

In some cases a firm may hold on to the file until its outstanding fees are paid. This is known as a lien. In practice, firms often agree to transfer the file in return for an undertaking from the new firm to pay the outstanding bill from completion funds. If you think the bill is unreasonable, you can raise it through the firm's complaints procedure and, if needed, the Legal Ombudsman.

How much delay will it cause?

There is usually some delay while the new firm reviews the file, completes its checks and gets up to speed. The length depends on how far the transaction has progressed and how organised the file is. Changing firm close to exchange or completion can be riskier, because new checks may need to be done in a hurry and your chain may be waiting.

Keep your estate agent informed so they can manage the chain's expectations.

What if my conveyancer has closed down?

That is a different situation. If a firm closes or is shut down by its regulator, there are specific arrangements for client files and money. See our guide on what happens if your conveyancer goes out of business.

Choosing your new conveyancer

When you switch, look for clear communication, a fixed-fee quote with itemised costs and confirmation that they are on your lender's panel. Our how it works page explains how we introduce you to a regulated firm. We may receive a fee from the conveyancer we introduce you to. If so, it will be disclosed to you in writing before you instruct them, and it does not change the quote you're given.

Tips for a smooth handover

• Keep copies of everything you have signed or sent, including ID documents and property information forms.
• Give your new conveyancer the name and reference of the other side's firm and your estate agent's contact details.
• Ask your mortgage broker to tell the lender you have changed conveyancer, as the lender will need to instruct the new firm.
• Check whether any money held by the old firm, such as funds on account, needs to be transferred or refunded.
• Be realistic about timescales and ask your new conveyancer for an updated plan.

A well-organised transfer can mean the delay is only a matter of days. A disorganised one can take longer, which is why clear communication between both firms matters.

Does changing solicitor affect my mortgage?

Your mortgage offer is not usually affected, but the lender must instruct your new conveyancer, and the new firm must be on the lender's panel. If the offer is close to expiry, ask your broker whether an extension may be needed.

How we can help

If you need a fresh start part way through your transaction, request a free conveyancing quote and we will introduce you to a regulated conveyancer.

This guide is general information about the law in England and Wales as at the date shown above. It is not legal advice. Every property is different, so ask your conveyancer about your own situation. More in Conveyancing problems and how they're solved.