Transferring a criminal case file to a new lawyer

Start the command and the next action

First ask the intended lawyer whether the firm is willing and able to take over the specific case. An introductory meeting or request for a quote does not automatically mean that someone will assist you at an upcoming hearing. Immediately mention the prosecutor's office number, the process phase and any known deadline. Have a record of which assignment has been accepted, when the treatment will commence and whether any conditions still exist. A response that the file must be reviewed first may be a normal investigative step and should not be read as a final commitment.

Then create a temporary load distribution. Who checks the next term, who confirms an appointment and who maintains contact with the current lawyer? Also identify a task for which no one has yet confirmed responsibility. That is information that requires immediate attention, not a detail that will be filled in later. If a deadline is close, present the entire problem and let it be determined what action is necessary. A request for transfer does not automatically stop criminal proceedings and does not extend the legal remedy period.

The transfer is also a conversation between lawyers

Code of Conduct 28 of the Dutch Bar Association concerns taking over clients. A request for takeover involves consultation that properly informs the successor lawyer about the state of the case. The explanation makes it clear that information and views are actually exchanged. Your own wish to exchange must therefore be recognisable. Indicate which office you have approached and avoid it being unclear whether someone only gives a second opinion or takes over the entire treatment.

A useful transfer also preserves the reasons behind previous choices. For example, a witness request that has not yet been submitted may have been deliberately postponed because additional documents were first expected. If the new lawyer only sees that there is no request in the file, an important part of the history is missing. This does not mean that the successor must adopt previous choices. It does enable an independent assessment based on the actual course of events, instead of a reconstruction based on loose assumptions.

Create a calendar that references the source

A transfer calendar lists the event per point, the relevant date, the original document and the required next step. Do not put a hearing date in the same column as a deadline for submitting documents: the meaning differs. When a decision is received, also save what is known about the award or receipt. Write down uncertainty explicitly if it is not certain when a piece was received. A date must be checked against the file and the applicable law, not made to fit the desired schedule.

Add agreements that are less visible in official procedural documents: a previously promised response, a requested meeting or a request to which no response has yet been received. Please state what has actually been confirmed and what is just your expectation. Let the new lawyer determine which points are legally urgent. An extensive calendar can otherwise give a false sense of security: the overview looks complete, but a misunderstood starting time remains incorrect. The value lies in traceability to the original source and a confirmed responsible person.

The last PDF is not always the complete file

Distinguish between the official criminal file, additional investigation files and the office's own work file. Think of procedural documents, original attachments, received correspondence, self-supplied documents and pending requests. Ask which parts are transferred and what explanation is needed for missing files. For example, a reference to a video without accessible video is not a complete transfer of that material. The guide to the criminal file discusses more broadly which documents may be relevant to the defense.

Save original files and their context. In addition to a highlighted copy, make it clear where the raw document is located. When exporting, add the date and known limitations, such as a missing attachment or an expired download link. Do not fill in missing data yourself as if it were part of the original file. The purpose of an inventory is to make visible what is present, what is only mentioned and what still needs to be retrieved. Let the lawyer determine which missing documents can be obtained within the procedure.

Share purposefully and via an agreed channel

A criminal file may contain sensitive data about yourself and others. Ask the receiving office how the documents can be delivered safely and who the contact person is. A partial request from someone who presents themselves as an employee by telephone is not sufficient reason to send access codes or a complete folder. Check an unknown request using the contact details you already have reliably. Make it clear for which file and which assignment the transfer is intended, so that documents do not end up in the wrong case with the same name.

Limit recipients to people who actually need to handle the transfer. A family member who helps organize the contact does not necessarily have to have access to all medical data, statements and information about third parties. Discuss with both offices how permission or confirmation of your assignment is recorded and what representation is required if you cannot communicate freely yourself. Also share a practical limitation, for example detention or limited digital access. Then the transfer can be organized without improvising an unsafe solution.

Keep the financial settlement visible and separate

Ask both offices which work is still to be paid for and what the new treatment will cost. The rules of conduct regarding the relationship with the client pay attention, among other things, to financial clarity. Do not let an old invoice, an advance payment yet to be settled and a new order merge into one incomprehensible balance. Keep the order confirmation, specifications and proof of payment. A difference of opinion on the bill may require its own review and is not resolved by merely changing attorneys.

Subsidized legal aid also includes the financing of legal aid with a government subsidy in the transfer discussion. The Legal Aid Board explains that another lawyer can continue work on the same legal aid financing with government subsidies and warns that additional costs may be associated with the takeover. Ask what administrative step is required and whether additional work is within the existing scope. Do not assume that switching lawyers is automatically free or that the full contribution is automatically due twice. A confirmed cost agreement is more useful than a general expectation of what legal aid financing with a government subsidy should cover. (Legal Aid Council explains that another lawyer can continue work on the same legal aid financing with government subsidies)

An outstanding invoice does not make the transfer without obligation

When an office withholds documents due to a financial dispute, the new lawyer has a concrete determination of what is being refused and what urgency exists. Rule 28 describes, in the event of an appeal to a right of retention, release to the successor lawyer under conditions to be set by the dean. That is no reason to solve the problem yourself with threats or arbitrary withholding of other documents. Ask which pieces are needed immediately and which route is available to protect continuity.

In ECLI:NL:TAHVD:2023:66, the Court of Discipline assessed a personal injury case in which a file transfer was stalled due to an appeal to a right of retention. The court took into account the prejudice to the client and rejected the argument that the subsequent care provider was not a lawyer. This is disciplinary jurisdiction on a specific case, not a criminal judgment or general ruling on any ownership right to a file. For practical preparation, she emphasizes the importance of timely clarity about documents, costs and the involvement of the dean.

Fictional example: the hearing has already been scheduled

In a fictional example, Nora emails a new office on Monday that she wants to switch. The hearing is two weeks later. The office requests the file and writes that it will then be discussed whether takeover is possible. Nora thinks the matter has been settled and cancels her next appointment with the current lawyer. Both offices may now have the same documents, but there is no confirmation yet that the new lawyer will appear at the hearing. The risk arises from a difference between her expectations and the accepted assignment.

A more careful follow-up starts with a short joint inventory: hearing date, necessary preparation, missing attachments and the division of tasks until confirmed takeover. Nora keeps the original correspondence and asks who will notify her that the transfer has been completed. Any need for postponement is also assessed separately; the bill does not guarantee this. The example shows that a file can technically have been sent while the treatment is practically still hanging between two offices. It is precisely this transition that deserves explicit agreements.

A transfer card with owner per action

Use an overview that lists not only files, but also open actions and their responsible. Add a source per section, such as the call, confirmation of receipt or email containing an appointment. Receiving a check mark for the file means little when the only missing attachment is the subject of the hearing. Ask the new attorney what gaps really impact preparation. Leave unknown points visible until they have been checked and do not fill them in based on a suspected course of events.

• Assignment: case number, process phase, accepted work and start date.
• Calendar: hearings, response deadlines, source documents and who checks them.
• Inventory: case file, additions, original attachments and available access.
• Ongoing work: research requests, announced responses and decisions not yet received.
• Transfer: contact persons, agreed channel, consent and acknowledgment of receipt.
• Finances: previous invoices, advances, new agreements and status of the financing of legal aid with government subsidies.
• Completion: missing parts, person responsible for each action and confirmation that the successor can continue.

Confirm that the new treatment can actually begin

After shipment, ask whether the relevant files can be opened and whether the inventory matches what was received. An automatic upload notification usually only confirms a technical action, not that an attorney has reviewed the content. Agree when the successor will discuss the state of affairs with you and what information you still need to provide. Report new mail or a telephone conversation about the case immediately during the transfer. Otherwise, a second, unshared stream of information will arise unnoticed in addition to the old file.

If a problem persists, use an appropriate route. The information about complaints against a lawyer helps distinguish between an office complaint, blanket and other dispute routes. Do not let a complaint distract from an ongoing criminal case. Our conclusion: a good transfer does not end with sending files, but with a verifiable connection of assignment, information and responsibility. The guide on changing a lawyer helps with the choice; this transfer map helps to carry out the chosen transition carefully. (information about complaints against a lawyer · change a lawyer)