You have the absolute right to switch your personal injury lawyer in Regina at any point during your case. You will not pay double fees; instead, your new lawyer will transfer the file, and your former lawyer will receive a fair portion of the final settlement based on the work they already completed (a solicitor’s lien).
When you are recovering from a serious accident in Regina, your personal injury lawyer should be your strongest ally. They are responsible for navigating the complex legal system while you focus on healing. But what happens when the relationship breaks down? Perhaps they never return your calls, or you simply disagree with their legal strategy.
Many residents in Saskatchewan feel trapped, believing that firing their lawyer will ruin their case or cost them thousands of dollars out of pocket 💸. This is a myth. Switching legal representation is a routine process in Canada. Understanding how to handle this transition professionally will ensure your lawsuit stays on track without causing you unnecessary stress.
Step-by-Step Process in Regina, Saskatchewan
Whether your current lawyer is based in downtown Regina or another part of the province, the rules of the Law Society of Saskatchewan strictly govern how files must be transferred to protect the client’s best interests.
Step 1: Hire Your New Lawyer First
Do not fire your current lawyer until you have officially hired a new one . Research local Regina law firms, book consultations, and find someone you trust. Once you sign a retainer agreement with the new firm, they will take over the heavy lifting of the transfer.
Step 2: Sign a Direction to Transfer
Your new lawyer will ask you to sign a “Direction to Transfer” document. This is a formal letter sent from your new law firm to your old one 📧. It politely informs them that you have changed representation and instructs them to forward your entire physical and digital file to the new office.
Step 3: Managing the Solicitor’s Lien
Your old lawyer cannot hold your medical records hostage, but they are entitled to be paid for the work they have already done . Because most personal injury cases are billed on contingency (a percentage of the final win), your old lawyer will place a “solicitor’s lien” on the file. This guarantees they get a portion of the fee when the case eventually settles.
How Much Does it Cost in Regina?
Switching lawyers mid-case does not mean you pay two full contingency fees. The total percentage you agreed to pay (usually around 30%) remains the same. Here is how the costs are managed:
| Fee Type | How it is Handled (CAD) |
|---|---|
| Contingency Fee Split | Your old and new lawyers split the standard 30% based on who did more work (Quantum Meruit). |
| Disbursements (Out of pocket costs) | Your new lawyer typically pays your old lawyer for any money they spent on medical records or court filing fees to date. |
| Client’s Upfront Cost | $0. You do not pay out of pocket to switch. |
How Long Does the Process Take?
Once the Direction to Transfer is signed, the Law Society expects the former lawyer to hand over the file promptly ⌛. In Regina, this physical or digital transfer usually takes 2 to 4 weeks. This transition rarely causes any major delays to your ultimate court date or settlement timeline.
Frequently Asked Questions (FAQ)
Do I have to call my old lawyer to fire them?
No. Your new lawyer will handle all communications with your former law firm. You do not need to have an awkward phone call or confrontation with your old representative.
Can my old lawyer refuse to hand over the file?
No. The file legally belongs to you. As long as your new lawyer provides an undertaking (a legal promise) to protect the old lawyer’s disbursements and fees upon settlement, they must release your documents.
Will this annoy the judge handling my case?
No. Judges at the Court of King’s Bench see lawyers change on files frequently. It is an administrative update and will not negatively impact how the court views your injury claim.
What if the two lawyers fight over the fee split?
If the lawyers cannot agree on how to split the final contingency fee, the money will be held in a trust account. They will resolve the dispute through an assessment process at the court, and it will not delay you getting your portion of the settlement.
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