Why Switching Can Be Difficult
in Traditional Litigation

Published: 1 December 2025 | Reviewed: 15 February 2026

In a conventional trust-account model, funds are drawn as work progresses.
The lawyer often holds both the file and the balance of information required for the next procedural step.

If a client seeks to change lawyers mid-matter, practical difficulties may arise:

• outstanding invoices may be disputed

• urgent procedural deadlines may depend on access to the file

• funds previously drawn may limit immediate flexibility

• file retention may be asserted pending resolution of costs

This is commonly referred to as a lien, a recognised legal mechanism allowing a lawyer to retain a file in certain circumstances until costs are resolved.

These mechanisms are lawful.
However, in practice they can make mid-case changes stressful or financially complex.

How Escrow Reduces Switching Pressure

Clean Law’s model separates funding stages through escrow.

Funds remain in an approval-only account until the client authorises release for a defined stage of completed work.

This structure changes the practical dynamics that often give rise to lien pressure.

As stated in the Two-Lawyer Collaboration & Escrow Oversight Statement:

“Unearned funds remain in escrow… the client stays free to change courtroom lawyers without losing unearned funds or jeopardising momentum.”

What This Means in Practice

1. Completed Work Is Clearly Funded

Each stage has:

• defined scope

• objective completion criteria

• documented file release

• written approval before payment

Payment corresponds only to completed work.

This clarity reduces disagreement about what has been earned.

2. Unearned Funds Remain Untouched

Because future stages are not funded in advance:

• unearned funds remain in escrow

• no pre-drawn amounts limit mobility

• financial pressure is reduced at switching points

3. File Access Is Structured

Stage-based documentation means:

• completed materials are identified

• funding for that stage is already approved

• the next courtroom lawyer can begin at the next defined stage

This reduces the practical disruption often associated with transitions.

4. Disputes Can Be Addressed Without Halting Progress

If a cost concern arises:

• funds for future stages remain untouched

• the client retains authority over releases

• the matter can continue with a newly retained courtroom lawyer

Escrow does not eliminate legal rights concerning liens.
However, by reducing financial ambiguity and separating earned from unearned funds, it substantially reduces the circumstances in which lien pressure typically arises.

Why Structural Separation Matters

Switching flexibility depends on independence.

Clean Law:

• does not share profits with courtroom firms

• does not accept referral fees

• does not maintain panels

• does not act in contested hearings

This separation, combined with escrow, reduces:

• scope creep

• premature trial preparation

• duplication of work

• financial entanglement

The client retains authority over timing, funding, and strategic direction at every stage.

In Summary

Switching flexibility is not an added feature.
It is a structural outcome of:

• stage-based escrow

• defined completion criteria

• independent roles

• client-controlled fund release

The objective is not to prevent lawful cost rights.
It is to reduce the practical and financial conditions that typically make mid-case transitions difficult.

Cost safety, timing clarity, and authority remain with the client throughout the life of the matter.

By Nicky Wang
Principal Solicitor
Legal Liaison Ltd (trading as Clean Law)

Prepared in accordance with public-interest governance, annual Law Society trust-account audits, and ACNC-reported standards.

Disclaimer: General information only. Not legal advice.