Short answer: A Singapore company can change its law firm at any stage of a court case. The company must file and serve a notice of change of solicitor in Form 3 on all parties (Rules of Court 2021, Order 4, Rule 8(3)). Until notice is served, the old firm stays on record. Unpaid fees do not stop the file being transferred.
Companies change lawyers mid-case for many reasons: a loss of confidence, a key partner leaving, costs running above the estimate, or a firm that wants to stop acting because invoices are unpaid. This guide explains a change of solicitor in Singapore from the company’s side: the Rules of Court 2021, what happens when the firm withdraws, how the case file moves when fees are outstanding, and what the company secretary prepares.
Key facts at a glance
- A party that intends to change its solicitor must file and serve a notice of change of solicitor in Form 3 on all the parties (Rules of Court 2021, Order 4, Rule 8(3)).
- Until notice is given, the appointed solicitor is deemed to act until the final conclusion of the action, and its business address remains the address for service (Order 4, Rule 8(2)).
- The notice takes effect from service and does not affect the rights between solicitor and client, including fees (Order 4, Rule 8(6)).
- A company must be represented by a solicitor unless the court permits an officer to act for it (Order 4, Rule 3(1)(b) and (3)).
- A firm that wants to stop acting, where the client files no notice, applies by summons in Form 6 with an affidavit and stays on record until it serves the order and files a notice in Form 5 (Order 4, Rule 9).
- A firm claiming a lien over documents for unpaid costs must release them to the new firm if the new firm undertakes to hold them subject to the lien and provides reasonable security (Legal Profession (Professional Conduct) Rules 2015, rule 26(7)).
Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.
What is a change of solicitor in a Singapore court case?
It is the formal step that tells the court and every other party that a new law firm acts for your company. Telling the old firm by email is not enough: the notice must be filed and served before the new firm is treated as being on record.
Being on record matters because the firm’s business address is deemed to be the company’s address for service until the action ends or proper notice is given (Order 4, Rule 8(2)). If nobody files the notice, the other side can keep serving documents on the old firm, and deadlines keep running.
A change of solicitor is separate from disputing the old firm’s bill, which is its own court process; our guide to disputing a lawyer’s bill covers that.
What is the legal basis for a change of solicitor in Singapore?
The procedure is in Order 4, Rules 8 and 9 of the Rules of Court 2021, which apply to civil proceedings started on or after 1 April 2022. The duties of the old and new firms are in rule 26 of the Legal Profession (Professional Conduct) Rules 2015.
| Provision | What it says |
|---|---|
| Order 4, Rule 3(1)(b) and (3) | An entity that can sue or be sued must be represented by a solicitor, unless the court permits an authorised officer to act for a company |
| Order 4, Rule 8(1) to (4) | Notice of appointment or change of solicitor in Form 3; deemed representation until notice; notice to act in person in Form 4 |
| Order 4, Rule 8(6) | Notice takes effect from service and does not affect rights between solicitor and client |
| Order 4, Rule 8(7) and (8) | A party with no solicitor on record gives an address for service by letter; otherwise an entity’s registered or principal office in Singapore is deemed to be its address for service |
| Order 4, Rule 9 | A solicitor that has ceased to act may apply by summons in Form 6 for an order in Form 7, then files a notice in Form 5 |
| Professional Conduct Rules 2015, rule 26(4) to (7) | When a firm must or may withdraw, its duties on withdrawal, and release of documents subject to a lien |
You can read Order 4 of the Rules of Court 2021 on Singapore Statutes Online. Forms 3 to 7 are listed in Appendix A of the Supreme Court Practice Directions 2021.
Who can change solicitors, and when?
The company, as client, can change its law firm at any stage, up to the eve of trial or an appeal. The firm can also end the relationship, but only on recognised grounds and with steps to protect the client.
When the company decides to change
A legal practitioner must withdraw if the client discharges it (rule 26(4)(a)), and must abide by the client’s decision on whether to appoint another legal practitioner, and whom (rule 26(6)(b)). The firm cannot hold on to the case because bills are unpaid; fees are dealt with separately (Order 4, Rule 8(6)).
Line up the new firm first: a company cannot simply file a Form 4 notice and act in person unless the court has given an officer permission. Our guide to corporate self-representation explains when that permission is given.
When the law firm wants to stop acting
Rule 26(5) lets a firm withdraw on grounds that include the client failing to pay an invoice within the stipulated period or breaching a fee agreement (rule 26(5)(d)), material misrepresentations by the client (rule 26(5)(e)), a serious loss of confidence (rule 26(5)(g)) and any other good cause (rule 26(5)(h)). The firm must take reasonable care to avoid foreseeable harm to the client, where circumstances permit by giving reasonable notice, a reasonable time to engage another firm and cooperation with the new firm (rule 26(6)(a)).
In Tan Yi Lin Cheryl v Tan Yew Fai [2022] SGHC 47 (unreported), a firm wrote to its client on 12 April 2021 citing a breakdown of trust and urging her to appoint another firm within two days. It applied on 20 April 2021 to discharge itself from an appeal, and the discharge was granted on 14 May 2021. In a later bill dispute, the High Court saw no reason to disturb the finding that the discharge was reasonable, noting that reasonable notice under rule 26 depends on the circumstances.
How does a company change its lawyer mid-case, step by step?
The steps assume the company moves to a new firm in a civil case under the Rules of Court 2021. Court proceedings are conducted by a Singapore Advocate and Solicitor throughout.
- List every upcoming deadline and hearing date, so nothing falls between the two firms.
- Engage the new firm and ask for a fee estimate for the remaining stages.
- The directors resolve to discharge the old firm, appoint the new one and name the officer who gives instructions.
- Discharge the old firm in writing, naming the incoming firm and asking it to release the file.
- The new firm files the notice of change of solicitor in Form 3 through eLitigation and serves it on all parties; it takes effect on service (Order 4, Rule 8(3) and (6)).
- The old firm releases the documents, on the new firm’s undertaking and security if fees are unpaid.
- The new firm reviews the file and, if it needs more time for a pending step, seeks an extension.
Where a firm is withdrawing and the company has not acted, the firm files a summons in Form 6 with an affidavit stating its grounds, served on the company unless the court directs otherwise (Order 4, Rule 9(2) and (3)). The court may declare by an order in Form 7 that the firm has ceased to act, but the firm stays on record until it serves the order on every party and files a notice in Form 5 (Order 4, Rule 9(1)). The company must then appoint new solicitors in Form 3 (Order 4, Rule 8(1)) or obtain permission for an officer to act; meanwhile documents can be served at its registered office (Order 4, Rule 8(8)).
What happens to the case file if the old firm’s fees are unpaid?
Unpaid fees do not trap the file. A firm claiming a lien (a right to keep a client’s documents until paid) must still release them to the new firm if the new firm undertakes to hold them subject to the lien and provides reasonable security for the unpaid costs (rule 26(7)(a)(i)).
| Situation | What the outgoing firm must do |
|---|---|
| New firm undertakes to hold the documents subject to the lien and provides reasonable security | Release the documents and offer the assistance needed to take over (rule 26(7)(a)(i)) |
| New firm offers to pay, or to agree with the client to obtain payment of, the old firm’s costs on completion, and the old firm accepts | Release the documents and offer assistance (rule 26(7)(a)(ii)) |
| No new firm acts, for example where an officer has permission to act | Release the documents to the client on receiving reasonable security for its unpaid costs (rule 26(7)(b)) |
The board should be ready to fund the security. How much the old firm is actually owed is a separate question: if the bill looks too high, the company can apply to have it assessed by the court within the time limits explained in our guide to disputing a lawyer’s bill.
A former firm also needs a proper basis to use the case itself as security. In Arokiasamy Steven Joseph v Lee Boon Chuan Nelson [2023] SGHC 230 (unreported), decided under the earlier Rules of Court, the clients terminated their two law firms shortly before trial and then settled. One firm asked for the S$330,000 settlement sum to be paid into court to secure its fees. Choo Han Teck J dismissed the application: a firm claiming an equitable lien over settlement money must show that equity favours it, and otherwise claims its fees in the usual way, with the fees to be taxed (now called assessed) first.
What documents does the company need?
The court filing is short. Most of the paperwork is internal and lets the new firm act quickly and prove who authorised the change.
| Document | Prepared or filed by | Notes |
|---|---|---|
| Directors’ resolution to discharge the old firm, appoint the new one and name the instructing officer | Company secretary, signed by the directors | Internal authority; not filed in court |
| Engagement letter with the new firm | New firm, signed by the company | Check the fee basis and estimate |
| Letter discharging the old firm | Company, often with the new firm’s help | Keep proof of the date sent |
| Notice of change of solicitor (Form 3) | New firm | Filed and served on all parties |
| Undertaking and security for the old firm’s costs | New firm, funded by the company | Only if a lien is claimed (rule 26(7)) |
| Copies of contracts, invoices, ledgers and correspondence | Company | Lets the new firm start work while the file transfers |
How long does it take, and what does it cost?
The notice can be filed as soon as the new firm is engaged. The real costs are the new firm’s time to learn the case, security for the old firm’s fees and the risk of a missed deadline. We do not quote solicitors’ fees.
| Item | Timing or amount | Notes |
|---|---|---|
| Notice of change (Form 3) | Effective from service on all parties | Court filing fee and eLitigation charges apply |
| File transfer | Once the undertaking and security are agreed | Security sized to the old firm’s unpaid costs |
| Extension of time by consent | Once only, up to 14 days, in writing (Order 3, Rule 4(3)) | Covers serving, filing or amending a pleading or other document; other extensions need a court order |
| Late filing | The court may impose S$50 for each day a document remains unfiled, excluding non-court days | Avoidable if the timetable is checked first |
Assumptions: a civil case started on or after 1 April 2022; the court may give different directions. If a hearing is close, see our guide to adjournment of a court hearing, where a late change of solicitors is considered on its facts.
What does the company secretary prepare, and what does the solicitor file?
The company secretary or corporate service provider (CSP) keeps the authority, records and calendar in order; the new Singapore Advocate and Solicitor files the notice, deals with the old firm and conducts the case. Court proceedings are conducted by a Singapore Advocate and Solicitor, never by a CSP.
| Company secretary or CSP | Singapore Advocate and Solicitor |
|---|---|
| Directors’ resolution approving the change and naming the instructing officer | Advice on the case and the risks of changing at this stage |
| Board minutes recording the reasons and the date the old firm was discharged | Notice of change in Form 3, filed and served |
| A complete set of contracts, registers and ledgers for the new firm | Undertaking and security arrangements under rule 26(7) |
| Prompt handling of registered office mail, which can become the address for service if no solicitor is on record | Extensions, hearings and all further filings |
| A calendar showing court dates alongside ACRA and IRAS deadlines | Any application to assess the old firm’s bill |
Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles any proceedings. Our guide to what a corporate secretary can and cannot do in a court application explains the division. A change of solicitor is not lodged with ACRA, as it does not change the company’s officers, shareholders or registered particulars; if the case ends in an order that does, the usual ACRA filings follow.
What are the common mistakes when changing lawyers mid-case?
Most problems come from a gap between the old firm stopping work and the new firm being on record.
- Discharging the old firm before a new one is engaged, leaving a company that must be represented with no one to act.
- Assuming the change is effective once the old firm is told, when it takes effect only on service of the notice.
- Letting a deadline pass during the handover; our guide to unless orders shows how quickly that escalates.
- Refusing to discuss security for the old firm’s fees, which delays the file transfer.
- Ignoring letters at the registered office after a firm has come off the record.
Our free compliance tools help keep company deadlines in one place, and if your firm has stopped acting and you need a replacement quickly, speak to a lawyer straight away.
Frequently asked questions
Can our company change lawyers just before trial?
Yes. A client may discharge its firm at any stage, but the court will still expect the timetable to be kept, so engage the new firm early and ask whether an adjournment is realistic.
Can the old law firm keep our documents until we pay?
It may claim a lien, but under rule 26(7) it must release the documents to the new firm against an undertaking to hold them subject to the lien and reasonable security, or if the firms agree on payment when the matter ends.
Can a director take over the case instead of a new firm?
Only with the court’s permission under Order 4, Rule 3(3), which requires a duly authorised officer with sufficient executive or administrative capacity, or who is a proper person to represent the company.
Our lawyers will stop acting because we have not paid. What happens?
Non-payment within the stipulated period is a ground for withdrawal (rule 26(5)(d)). If no new firm is appointed, the firm applies under Order 4, Rule 9 and stays on record until it serves the order and files Form 5. Use that time to appoint a new firm.
Does changing solicitors affect what we owe the old firm?
No. The notice does not affect rights between solicitor and client (Order 4, Rule 8(6)). The company still owes properly incurred fees but can ask the court to assess the bill.
Need help with this?
Raffles Corporate Services can handle the ACRA filings, compliance documentation and records for you, and where court proceedings or legal advice are needed, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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Last reviewed: 10 November 2026. The Editorial Team, Raffles Corporate Services.