Can I change TPD lawyers if I am already legally represented?

Why people consider changing TPD lawyers

People rarely think about changing lawyers for no reason. Common reasons include poor communication, long delays, unclear strategy, concern about fees, lack of confidence in the evidence plan, disagreement about settlement, or feeling that the lawyer does not understand the medical or work-history issues. Sometimes the current lawyer may be doing reasonable work, but the client still wants a second opinion because the claim is important and stressful.

TPD claims can be especially sensitive because they involve health, work identity, financial pressure, and uncertainty about the future. A client may be waiting for superannuation trustee updates, insurer requests, medical reports, income protection decisions, workers compensation material, Centrelink issues, or a rejection review. If the process feels unmanaged, it is understandable to ask whether a different lawyer can take over.

Changing lawyers is not automatically good or bad. The key question is whether the transfer improves the quality, clarity, and control of the claim without creating new problems. A careful transfer can help. A rushed transfer, especially near a deadline, can make the file harder to manage.

Can we speak with you if another lawyer is already acting?

If you are the client and you contact us directly, we can usually discuss whether a second opinion or transfer review may be appropriate. The conversation should be handled properly. We will usually need to understand who currently acts, what stage the claim is at, whether there are urgent deadlines, and whether you are seeking general second-opinion guidance or genuinely want to change representation.

There are professional obligations around dealing with represented people and around not interfering improperly with another solicitor-client relationship. That is why the safest approach is transparency. If you want us to consider acting, tell us that you already have a lawyer, provide the key background, and let us explain the next step. If a transfer is appropriate, it should be done by clear written authority and orderly file handover, not by confusion or duplicate instructions.

What happens to your current lawyer's fees?

Before changing lawyers, you should understand your current costs agreement. Depending on the agreement and the work already done, the current lawyer may be entitled to charge fees, disbursements, or a deferred amount when the matter resolves. There may also be file-transfer or lien issues. A lien can sometimes mean a lawyer claims a right to hold the file or require protection for unpaid costs before releasing documents, subject to the applicable rules and circumstances.

This does not mean you cannot change lawyers. It means costs should be reviewed early so there are no surprises. The right question is not only “can another lawyer take over?” It is also “what will it cost to transfer, what work has already been done, who will pay disbursements, and can the file be obtained quickly enough to protect the claim?”

When changing lawyers may be sensible

A transfer may be worth considering where there is a real practical problem. Examples include repeated unanswered messages, no clear evidence plan, missed or unexplained deadlines, advice that does not appear to address the policy definition, poor handling of insurer requests, or uncertainty about what stage the claim is actually at. It may also be sensible where your matter has changed significantly, for example after a rejection, new diagnosis, failed return-to-work attempt, workers compensation settlement, or complex cross-scheme issue.

It can also be appropriate to seek a second opinion before making a major decision. For example, if you have been advised to accept or reject an offer, lodge a complaint, escalate to AFCA, obtain further medical evidence, or abandon the claim, a second opinion may help you decide whether the advice is commercially and evidentially sound.

When changing lawyers may not help

Changing lawyers is not a magic fix for every delay. Sometimes the delay is caused by the insurer, trustee, super fund, missing medical records, slow specialists, incomplete employer documents, or genuine complexity in the evidence. If the current lawyer has a clear strategy and the problem is an external bottleneck, changing firms may add cost and transition time without improving the result.

It may also be risky to transfer immediately before a deadline unless the new lawyer has enough time and documents to act properly. If a review submission is due tomorrow, a new lawyer may not be able to responsibly take over without an extension or urgent triage. In those circumstances, the first step may be to protect the deadline, then review whether a transfer should occur.

What we usually need for a second opinion

A useful second opinion does not always require every document at the start. A compact bundle is often enough for an initial review. Helpful documents include:

• your super fund or insurance policy wording, if available;
• TPD claim forms already lodged;
• the insurer or trustee's recent correspondence;
• any rejection letter, procedural fairness letter, or request for further information;
• key medical reports and certificates;
• employment records or a short work-history summary;
• your current lawyer's most recent advice or update letter; and
• your costs agreement, if your concern includes fees or transfer costs.

Also tell us what is actually worrying you. Is it delay? Lack of communication? A rejection? A proposed settlement? A concern that evidence has been framed poorly? Clear questions make the review more useful.

How a transfer usually works

If you decide to change lawyers and the new lawyer agrees to act, the transfer is usually confirmed in writing. You may need to sign a new costs agreement and an authority allowing the new lawyer to request the file from the current lawyer. The current lawyer may provide the file, raise costs issues, or seek undertakings or cost protection depending on the circumstances. The insurer, trustee, super fund, or complaints body may also need to be notified that representation has changed.

A good transfer process should identify urgent dates immediately. It should also create a fresh claim map: what has been lodged, what evidence exists, what is missing, what the insurer or trustee is waiting for, and what decision point is coming next. The purpose of changing lawyers is not just changing the name on emails. The purpose is to regain control of the claim strategy.

Risks to avoid during a lawyer change

• Duplicate communication: avoid two firms contacting the insurer at the same time with inconsistent instructions.
• Lost deadlines: identify due dates before the file transfer begins.
• Missing documents: make sure the transferred file includes correspondence, medical material, claim forms, file notes, and evidence bundles.
• Unexpected fees: understand the old costs agreement and the new costs agreement.
• Strategy reset without reason: do not discard useful work simply because a new firm is involved.
• Overpromising: be cautious of any advice that predicts the result too confidently before the policy, medical evidence, work history, and claim stage have been reviewed.

Questions to ask before changing TPD lawyers

Before making the decision, ask practical questions:

• What is the current stage of my TPD claim?
• Are there any urgent deadlines?
• What has my current lawyer already done?
• What evidence is missing or weak?
• Will changing lawyers improve the next step, or only delay it?
• What will happen to current legal fees and disbursements?
• How quickly can the file be transferred?
• Who will notify the insurer, trustee, or AFCA if representation changes?

These questions keep the decision grounded. The issue is not personal loyalty to one firm or another. The issue is whether the claim will be handled more clearly, accurately, and efficiently.

Can you change to us as your lawyer?

Possibly, yes. If you already have legal representation and want us to consider taking over your TPD claim, contact us and explain the situation honestly. We can look at whether a second opinion or transfer review is appropriate, what documents are needed, and whether there are any immediate risk points.

We may not be able to take over every matter. Sometimes there is a conflict, insufficient time before a deadline, a costs issue that needs to be resolved, or another reason why transfer is not sensible. If we can help, we will aim to make the process orderly: clear authority, file request, deadline check, evidence review, and communication update to the relevant insurer, trustee, fund, or review body.

Frequently asked questions

Can I get a second opinion without firing my current lawyer?

Often, yes. A second opinion can help you understand whether your concern is serious enough to justify changing representation. You should be clear that another lawyer is currently acting.

Will my current lawyer be angry if I change?

The decision is yours, but it should be handled professionally. A clear written transfer process is better than silence, confusion, or duplicate instructions.

Can my current lawyer refuse to release my file?

There may be costs or lien issues depending on the agreement and circumstances. This should be reviewed case by case. Do not assume the file will transfer instantly without checking.

Is it bad for my TPD claim if I change lawyers?

Not necessarily. It can help if the transfer improves strategy and file control. It can hurt if it causes delay, missed deadlines, or inconsistent communication.

What if my claim has already been rejected?

You can still ask for a second opinion or transfer review. Rejection matters are time-sensitive, so provide the rejection reasons and any review or complaint deadlines as early as possible.

Related reading

• How lawyers help with TPD claims
• Do I need a lawyer for a TPD claim?
• How to appeal a denied TPD claim
• Common reasons TPD claims are denied
• TPD claim readiness checklist

General information only. This page does not provide legal advice about your current lawyer, costs agreement, complaint rights, time limits, or claim outcome.