Can I choose my own lawyer?
Yes — and the lawyer you choose takes no instructions from the insurer.
The lawyer you are assigned
When legal expenses cover kicks in, the company usually proposes a lawyer from its panel. That is convenient and often works well. But many people believe it is the only option available, and it is not.
The law recognises a right of choice that does not depend on the insurer agreeing.
What the law says
The insured has the right to freely choose the court agent and the lawyer who are to represent and defend them in any kind of proceedings. It is not an exceptional right, nor one reserved for complex cases.
The law expressly reinforces it for a delicate situation: there is also free choice where a conflict of interest arises between the parties to the contract — that is, where the interests of the insured and of their own insurer do not coincide.
And it adds a guarantee that often goes unnoticed and is the most important: the lawyer and court agent chosen by the insured are not, in any case, subject to the insurer’s instructions.
Legal expenses cover requires the insurer to meet the costs within the limits set by law and by the contract. That nuance matters: the right to choose is complete, but the amount the policy covers is capped by whatever the policy sets.
An example
A claim over damage from building works ends up in proceedings. The company offers a lawyer from its panel; the insured prefers one they trust who already knows the matter.
They may appoint them. The insurer will meet the fees within the limit set in the policy, and the chosen lawyer will run the defence without taking instructions from the company.
Before deciding, the practical step is to check the policy wording for the costs limit, because that is what determines the share the insurance covers.
Two things worth checking in the policy
First, the costs limit on the legal expenses cover: it determines how far the cover for fees goes.
Second, whether the cover is in place and with what scope. Legal expenses appears as an included cover in many home and motor policies, but with very different content between products.
In short
- There is a right to freely choose a lawyer and court agent in any proceedings.
- Also where there is a conflict of interest with your own insurer.
- The chosen lawyer is not subject to the insurer’s instructions.
- The insurer meets the costs within the limits of the law and the contract.
- The policy’s costs limit is what to check before deciding.
Frequently asked questions
No. The law recognises the right to freely choose a court agent and lawyer in any kind of proceedings.
The insurer meets the costs within the limits set by law and by the contract. It is worth checking the limit in the policy.
The law expressly recognises free choice also where a conflict of interest arises between the parties to the contract.
This content is for information only and does not replace legal advice for a specific case.
Do you have a specific case? Let us go through it with you.
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