Change of Representation & Second Opinions · Legal briefing
Changing Lawyers: Continuity & File Transfer
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
You need new representation but are concerned about the file, fees and an approaching hearing.
The legal position
Civil Procedure Regulation 172 distinguishes client termination by required notice from a lawyer’s withdrawal requiring court permission. A change does not automatically extend dates. Bar Law section 88 provides a limited lien for fees and expenses, with conditions, exceptions and a claim-filing requirement within three months of written return demand. Neither universal withholding nor unconditional immediate release should be assumed. Official source 1 Official source 2
Your next step
Serve the proper notices and confirm representation in the court file. Request material and dates in writing. If a lien is asserted, assess its conditions and urgent relief while continuing to protect deadlines.