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Switching Flexibility

Switching Lawyers During Litigation
Why Structure Matters

Published: 1 December 2025   |   Reviewed: 3 September 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… client retains greater practical freedom to change courtroom lawyers, because unearned funds have not already been released for future work.”

What This Means in Practice

1. Completed Work Is Clearly Funded

Each stage has:

  • defined scope

  • objective completion criteria

  • clear identification of completed stage materials

  • written approval before payment

Payment corresponds only to completed work.

This clarity helps reduce disagreement about what has been earned, and gives the client a clearer basis for deciding whether to approve the next funded step.

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.

Related public guide: Why better litigation cost control needs structure, not just warnings
A right to change lawyers means more when the structure keeps timing, money and file access clear before the matter becomes hard to move.

4. Disputes Can Be Addressed Without Halting Progress

If a cost concern arises:

  • funds for future stages remain untouched unless the client approves release

  • the client retains authority over future releases

  • the concern can be addressed before more money is committed

  • a newly retained courtroom lawyer can start with clearer information about what has been completed and what remains

Escrow does not eliminate legal rights concerning liens.
However, by reducing financial ambiguity and separating earned from unearned funds, it is designed to reduce 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 supported by:

  • stage-based escrow

  • defined completion criteria

  • independent roles

  • client approval before future funds are released

This does not remove every practical difficulty. A change of lawyer may still involve timing pressure, file-transfer issues, familiarisation work or additional cost.

The objective is more practical: to reduce avoidable financial pressure and make the next decision clearer before further money is committed.

By Nicky Wang
Principal Solicitor