Transferring Your Case from Another Solicitor

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transferring to another solicitor

If you have come across this page on our site, we suspect you are starting to feel doubt and dissatisfaction with the way in which your case is being handled by your present solicitors. Many people facing serious prosecutions, especially for serious motoring offences, have never been in trouble with the police before and so it is all too easy to be swept up in the trauma of an arrest and to place your case with the duty solicitor who attended the police station with you. After all, aren’t all lawyers the same? From our experience, there can be a significant difference between a general crime solicitor to specialist solicitors with motoring law expertise. When your liberty is potentially at stake, we don’t blame anyone who is starting to lose confidence in their defence team to look at the alternative options that may be available.

We have taken over conduct of numerous memorable cases where the strategy that was apparent from the previous solicitors’ file ranged from non-existent to misjudged and incorrect. When considering whether or not to transfer your case to us, we want to offer direct access to Director Level Solicitors, Jeanette Miller (Managing Director) and Tara Boyle (Director) both of whom have significant experience (and success) when we have taken over serious prosecution cases from other solicitors.

One of the most common issues when considering transferring your case to us, aside from whether we are sufficiently experienced in your case type, is funding and costs. We operate on a private payments and do not accept instructions on a legal aid basis. Due to the many variables in a case, we cannot apply a one size fits all price list to all cases but will establish staged agreed fee prices for the work we do for you. We may also be able to seek subsidy towards your fees from a legal expenses insurer although in most alcohol/drug related charges, legal expenses insurance will be void.

Are You Presently On Legal Aid?

In some respects, many general crime solicitors have their hands tied by the restrictions of Legal Aid. Sadly, having legal aid funding your case can be more of a hindrance than a help because of the numerous cost and strategy restrictions the Legal Services Commission place on a case. For example, we have worked on cases where the previous solicitors have been unable to secure a forensic expert prepared to consider complex medical issues that could form the basis of a defence. The reason for this kind of stalemate (that we see repeatedly) being that no forensic expert worth their salt would be prepared to work at a rate of pay offered by the Legal Services Commission which in some cases equates to less than minimum wage! So you will either be fortunate to have an expert prepared to work for a pittance (and potentially, not worth their salt!) or you will be left with a flimsy defence that does not have the necessary support of forensic expertise.

When clients have transferred their case to us, because we work without any funder telling us what we can or can’t do, we are always able to secure leading forensic expert evidence to bolster a defence and usually take it to a winning finish line at or before the final trial date.

Do you want your lawyers to explore every possible strategy and avenue to achieve an acquittal? We can categorically guarantee this approach should you choose to entrust us with your case. We can also categorically guarantee that with the restrictive structure your legal aid lawyers will have to comply with, you will not receive this level of thorough case preparation if you stay put.

The process of transferring your case to the team at JS Miller Solicitors will involve an initial case assessment with one of our Directors who will offer a staged agreed fee quote to enable you to consider the financial budgeting required to enlist us in place of your present solicitors. Once you confirm you wish to proceed with a file transfer, there are a few housekeeping issues for us to address including seeking permission of the court to transfer your case depending on how far progressed it is at the point we take over (this is usually a formality which will be agreed as you will be paying privately once we take over conduct.)

Do you have the benefit of legal expense insurance?

Most insurers will refuse to fund the expenses of a defence where there is an allegation linked to drug and/or alcohol use. However, if this common exclusion clause does not apply, we may face similar problems to those cases funded by legal aid (see above). Insurers are incredibly careful about paying out and are concerned about the commerciality and merits of a case before investing funds. They also place restrictions on a case and require authorisation to be sought to spend their money on experts. This can compromise the way we want and need to work and although we do not spend fees recklessly, we do want to explore every single defence option we can and not be limited by the purse strings in doing so. This method of working is achievable when we agree a set fee with our clients at the outset to include all expert evidence, barrister fees and work we will do for you.

We can apply to your Legal Expense Insurers to subsidise your costs (in our experience, they will not pay all of the fees we charge as they apply legal aid rates to the work we do) and any contribution they make towards your fees can be reimbursed from their payment to us.

Are you doubting the advice from your present solicitors?

You may not be in receipt of legal aid with your present solicitors but you are still struggling with those nagging doubts about the advice you have received and the strategy in place. Our defence strategies are often unique and devised via our link to our sister firm, Geoffrey Miller Solicitors. This firm’s longstanding history and involvement in motoring law affords them with the position of pioneering market leaders. They shape the landscape of motoring law for other firms to follow and so with our close connections to the firm, you will benefit from “hot off the press” strategy that will place you in a strong position progressing towards your trial, as opposed to feeling as though you are on the back foot.

The process of transferring your case to the team at JS Miller Solicitors will involve an initial case assessment with one of our Directors who will offer a staged agreed fee quote to enable you to consider the financial budgeting required to enlist us in place of your present solicitors. Once you confirm you wish to proceed with a file transfer, there are a few housekeeping issues for us to address including seeking permission of the court to transfer your case depending on how far progressed it is at the point we take over (this is usually a formality which will be agreed as you will be paying privately once we take over conduct.)

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JS Miller Solicitors specialise in serious motoring prosecutions and high value personal injury claims. Call our team of serious motoring prosecution solicitors for some free initial advice.

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