Criminal Law

Second Opinion

If you are unhappy with your current solicitor, or unsure whether the advice you have been given is right, you are entitled to a second opinion. Changing solicitor is your right, not a privilege, and seeking a fresh perspective can change the course of your case. ASA Solicitors provides independent second opinions on criminal defence matters at every stage — from the police station to the Court of Appeal.

Your right to change solicitor

You are never locked in to a single solicitor. You have the right to change your legal representative at any stage of a criminal case — at the police station, in the magistrates' court, in the Crown Court, or on appeal. You do not need your current solicitor's permission, and you do not need to give a reason, although the court may ask who will act and when the transfer will take place.

If you are legally aided, you can change your solicitor under the Legal Aid Agency's 'change of solicitor' provisions. The new firm takes over the certificate, and there is usually no cost to you for doing so. We handle the transfer paperwork with the Legal Aid Agency and your previous firm so the handover is seamless and nothing is lost in the move.

If you are funding the case privately, you simply instruct us and we deal with obtaining your file and the transfer of conduct. Any work already paid for remains yours, and we build on it rather than starting again.

When a second opinion can help

What a second opinion covers

A second opinion is a fresh, independent assessment of your case by a specialist who has no prior involvement. We review the evidence, the advice you have been given, and the proposed strategy, and we tell you plainly whether we agree, where we differ, and what we would do differently.

We look at the charge itself — whether the correct offence has been laid, whether there is a realistic prospect of conviction, and whether the evidence supports it. We review the strength of the prosecution case, any disclosure that has been made, and the approach to interview or trial. We consider sentence, confiscation, and any ancillary orders that may follow.

Where we agree with your existing solicitor, we will say so honestly. Where we disagree, we explain why and set out the alternative. You can then make an informed decision about how to proceed, whether that means staying where you are or transferring conduct to us.

Transferring your case to us

If you decide to move your case to ASA Solicitors, we act quickly. We write to your current solicitor to request the file and transfer of conduct, deal with the Legal Aid Agency where your case is publicly funded, and ensure the court is notified so there is no disruption to your hearings.

We then review everything afresh, identify any gaps or missed opportunities, and agree a clear strategy with you. Many clients who transfer to us do so because they have lost confidence in the relationship or the advice; our priority is to restore that confidence with clear communication and a robust defence.

Timing matters. Transferring at an early stage gives the new solicitor the most room to shape the case, but even later transfers — including shortly before trial — can be accommodated where there is good reason. We will be honest with you about whether a transfer at your stage of the proceedings is in your best interests.

Frequently asked questions

Yes. You have the right to change your legal representative at any stage of a criminal case — at the police station, the magistrates' court, the Crown Court, or on appeal. You do not need your current solicitor's permission. If you are legally aided, the transfer is handled under the Legal Aid Agency's change of solicitor provisions, usually at no cost to you. We deal with the paperwork so the handover is seamless.

It need not. We handle the transfer promptly and notify the court so your hearings are not affected. Courts are accustomed to changes of representation, though a judge may ask when a transfer will take place and whether it would prejudice the timetable. We advise you honestly on whether transferring at your stage of the proceedings is sensible.

No. You are not required to give a reason to your current solicitor, although the court may ask who will act and when. The most common reasons clients give us are a breakdown in communication, advice they do not understand or trust, or simply wanting a fresh perspective on a serious matter. Any of these is sufficient.

We offer an initial second opinion consultation without charge, so you can understand whether a fresh perspective would help before deciding to transfer your case. If you are legally aided, the transfer is usually covered by your existing certificate. If you are privately funded, we will set out our fees clearly before you instruct us.

A guilty plea is one of the most important decisions in any case and should never be made without full understanding. A second opinion can confirm whether a plea is the right course, or whether there is a viable defence that has been overlooked. If you have already entered a plea but have not yet been sentenced, it may still be possible to change it with the court's permission — we will advise you on your options.

Solicitors are professionals and changes of representation are a normal part of practice. Your file belongs to your case, not to the firm, and it must be transferred to your new solicitor on request. We manage the handover courteously and professionally so there is no awkwardness, and your interests remain the priority throughout.

Yes. A second opinion is simply an independent assessment of your case and the advice you have received. You are free to take it back to your existing solicitor, or to act on it yourself. Many clients value a second opinion precisely because it helps them feel confident in the path already chosen — or identifies something they want to raise with their current representative.

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