How to hand a matter over to another fee earner without losing track of what matters
How to hand a matter over to another fee earner without losing track of what matters
When a file changes hands between fee earners — because a solicitor is leaving, going on leave, or the matter has been reassigned — the risk isn't in the documents. The documents are in the file. The risk is in everything that isn't: the conversation with the client that explained why the title deeds are late, the agreed approach to a tricky title defect, the fact that the other side's solicitor prefers to handle anything by phone rather than email.
None of that makes it into a handover note unless someone deliberately puts it there.
What needs to be in the file before you hand it over
A matter file that's ready to hand over is different from a matter file that's just complete. Ready to hand over means the incoming fee earner can pick it up and carry on without needing to call you to ask what's happening.
That requires these things to be documented and current:
Current status. Not a summary of everything that's happened — a single clear statement of where the matter stands and what comes next. If there's a completion date booked, it goes at the top.
Open actions and who owns them. Every outstanding task, with a due date and the name of whoever is responsible for it. If it's the other side's solicitor who needs to send updated ID, that needs to be in the file, not just in someone's memory.
Document discrepancies that haven't been resolved. If you spotted an inconsistency between the title register and the transfer — or the client's name appears differently on two documents — that observation needs to be recorded explicitly. The incoming fee earner can't resolve what they don't know about.
Financial position. The billing status of the matter: what's been invoiced, what's outstanding, whether there's a retainer held and how much of it has been applied, and whether any disbursements are anticipated. The person taking on the file inherits the client relationship, which includes the financial one.
Deadlines and critical dates. Any date that can't slip — a registration deadline, a completion date, a date by which searches need to be in — should be visible immediately, not buried in correspondence.
The handover note isn't a summary of the file
A common mistake is to hand over the file and assume the note captures the rest. It doesn't, because the note is usually written by the person leaving — which means it covers what they think is important.
What handover notes routinely miss: verbal instructions the client gave that never made it into a file note, decisions taken informally that shaped how the matter has been handled, issues that were raised and parked without a clear resolution, and anything about the client's preferences or expectations that isn't written down anywhere.
The person handing over the matter has to actively ask themselves: what do I know about this matter that isn't in the file? That's the section of the handover note that actually prevents problems.
What the incoming fee earner should do before accepting the handover
Taking over a matter shouldn't be passive. The incoming fee earner needs to verify:
- That the file contains the documents and correspondence referenced in the handover note.
- That every open action has a named owner and a due date.
- That the financial position in the file matches what the billing system shows.
- That there are no unresolved discrepancies or outstanding document requests that the outgoing fee earner hasn't flagged.
This isn't about distrust — it's about catching gaps while there's still someone to answer for them. Once the handover is complete, the incoming fee earner owns whatever wasn't resolved.
Handovers that carry the most risk
Not all handovers are equal. The ones that need the most rigour:
Matters close to completion. The less time before exchange or completion, the less opportunity there is to resolve anything that's been overlooked. A handover with two weeks to go is very different from one with two days.
Matters with known title or document issues. If there's a defect that's been accepted by the client, or a condition precedent that's been waived, that context needs to come with the file. Without it, the incoming fee earner may try to resolve something that was already resolved.
Matters where the client has given specific instructions. Unusual communication preferences, restrictions on who can be contacted, or anything agreed at the start of the engagement that isn't in the standard client care letter.
Matters with an outstanding balance or unapplied retainer. The billing relationship doesn't pause during the handover — the incoming fee earner needs to know what the client is expecting.
Why documenting the handover protects the outgoing fee earner too
A well-documented handover isn't just useful for the person picking up the file. It also establishes the state the matter was in at the point of transfer. If a problem surfaces later, the handover note is the evidence of what was flagged, what was pending, and what had already been resolved. Without that record, it's very difficult to establish where in the matter's history a gap originated.
Treating the handover as a formal step — not an informal briefing — is the difference between a clean transfer and one that generates problems long after the original fee earner has moved on.
If you'd like support with document review and verification in your practice, VerifyAct has tools built for that.