What to do when your solicitor’s firm closes, merges or changes ownership
When a solicitor’s firm closes, merges or changes ownership, clients may have questions about what happens next, particularly if a matter is ongoing or important documents are being held.
In many cases, there will be clear arrangements in place for your file to be transferred or for the same team, or a new team, to continue the work. In other situations, you may need to take a few practical steps to find out where your file, documents or money are held, and whether anything needs to be done.
The most important thing is not to panic, but to act promptly, especially if there is an urgent deadline, court date, house move, probate matter or family issue involved.
What should I do first?
If your matter is ongoing, start by:
- checking who is now responsible for your file
- gathering any letters, emails, reference numbers and key dates
- asking where your file, original documents or money are held
- making a note of any urgent deadlines, such as a court date, exchange or completion date
- seeking advice promptly if your matter needs to continue.
It is worth keeping a clear record of who you contact, when you contacted them and what was agreed.
Why might a solicitor’s firm close or change?
A law firm may close or change for a number of reasons. Sometimes this is planned. For example, a firm may merge with another practice, be acquired by another firm, or close because partners are retiring. Where this happens, clients should usually be told what is changing, who will deal with their matter, and whether they need to take any action.
In other cases, the Solicitors Regulation Authority (SRA), may step in and close a firm through a process called an intervention. This is designed to protect the interests of clients and former clients. When this happens, an intervention agent may be appointed to deal with files, papers and money held by the firm.
Whatever the circumstances, clients should be able to find out what has happened to their matter and what steps, if any, they need to take.
Has my matter automatically moved to another firm?
Not always. If your solicitor’s firm has merged or changed ownership, your matter may transfer to another firm or continue with the same people under new arrangements. You should be told who is now responsible for your matter, whether the same solicitor or team is involved, and whether there are any changes to fees, terms of business or how your file is handled. You may also be asked to confirm that you are happy for the new firm or team to continue acting for you.
If the firm has closed unexpectedly, your matter may not automatically continue. Your file may be held by an appointed agent, storage provider, another firm, or the SRA. If your matter is still active, you may need to confirm who is able to continue the work or seek advice from another solicitor.
What should I check?
If your solicitor’s firm has closed, merged or changed ownership, it is worth checking:
- who is now responsible for your matter
- whether the same solicitor or team is still involved
- whether you need to sign any new client care documents
- whether fees or payment arrangements have changed
- where your file and original documents are held
- whether any money is being held on your behalf
- whether there are any urgent dates or deadlines
- what your options are if you would prefer another solicitor to act.
If you are unsure, ask for the position to be confirmed in writing.
Who holds my file and documents?
Your file may be held by the existing firm, a new firm, an appointed intervention agent, a storage company or another authorised party. If the firm held original documents for you, such as wills, deeds, lasting powers of attorney or other important papers, you should ask where those documents are now held and how they can be released.
It will help to have:
- the name of the solicitor or fee earner who dealt with your matter
- any file or reference number
- copies of letters or emails
- details of any key dates
- evidence of money paid to or held by the firm
- proof of identity, if requested.
What if my matter is urgent?
If your legal matter is ongoing, act quickly.
This is especially important if you have:
- a house sale or purchase
- an exchange or completion date
- a court hearing
- a family law deadline
- a probate or estate administration issue
- a dispute or limitation deadline
- a business or employment issue that needs prompt advice.
Where a matter needs to continue, a solicitor will usually need to review the papers, carry out conflict checks and understand what stage the matter has reached before advising you.
What if I am buying or selling a house?
A change involving your solicitor during a house move can be stressful, particularly where exchange or completion dates are close. You should gather any documents you already have, including the memorandum of sale, mortgage offer, searches, title documents, enquiries, contract papers and correspondence.
You should also let your estate agent, mortgage broker and lender know if there may be a change in who is acting for you. If another solicitor becomes involved, they will need to check whether they can act for your lender as well as for you.
What if the firm held my will or other important documents?
If the firm held your will, lasting power of attorney, property deeds or other original documents, ask where those papers are now held and how they can be released. If the documents are needed urgently, for example in a probate matter, estate administration or family situation, seek advice as soon as possible.
What if the firm held money for me?
If money was being held for you, ask for confirmation of where it is held and what will happen next.
Try to gather evidence of any payments made, including bank transfers, receipts, statements, completion statements, client account details or correspondence referring to money held by the firm. If the firm has been closed by the SRA, there are processes for dealing with client money. You may need to contact the appointed intervention agent or the SRA for information.
Do I have to stay with the new firm after a merger or acquisition?
In most cases, you are free to choose who acts for you.
If your matter has transferred to another firm following a merger, acquisition or other change in ownership, you can ask questions about who will deal with your matter, what the fees will be, and whether anything about the service will change.
If you are not comfortable with the arrangements, or if you would prefer to instruct another solicitor, you can ask what steps are needed for your file to be transferred. There may be practical matters to resolve before this happens, particularly if money is owed or if original documents are held.
We are here to help
A change involving your solicitor’s firm can feel unsettling, but there are practical steps you can take to understand the position and decide what to do next.
At Ellisons, we can help you understand your options, identify any urgent issues and work out what may need to happen next. Before we can advise, we will need to carry out conflict checks and understand the nature of your matter.
If you are concerned about an ongoing matter, important documents or an urgent deadline, please contact Ellisons via email at enquiries@ellisons.com
We will take some initial details, carry out conflict checks and explain whether we may be able to help.
