why attorney won't talk to you second opinions

Lawyers have ethical rules they must follow that can be interpreted as making it inappropriate to talk to a potential client who already has a lawyer. However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.

Full Answer

Do I have to pay a lawyer for a second opinion?

Oct 08, 2012 · Car Accident Lawyers in Albuquerque, NM. Reveal number. tel: (505) 404-6489. Private message. Call. Message. Posted on Oct 8, 2012. There is no answer we could give you that would explain or justify why a client would be neglected. It is unethical and the quickest way to get your ticket punched so to speak.

How do you respond to a client asking for a second opinion?

Doing a second opinion is a routing part of the practice of law and if the second lawyer doesn't get the case (because you chose to stay with the first lawyer), it is customary to be charged a fee for the attorney's time (see their per hour rates for a better idea). 2) Your first attorney was dead wrong - This too is a no-brainer.

Can a potential client fire his lawyer without a second opinion?

There are several reasons why a client may seek a second opinion. For example, a client may feel confused about a particular legal issue. He or she may not fully understand the rights that he or she has in a particular situation. The client might want to learn about alternative options to the recommendation by his or her primary attorney. Getting a second opinion often allows a client …

Is it illegal to speak to a different lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem. Get a Second Opinion. If you've got serious doubts about how your case is being handled, see a second attorney.

This is your gut telling you that something just doesn't feel right

This is your gut telling you that something just doesn't feel right.#N#We all have that instinct built in to us. But more often than not, when dealing with lawyers, people just simply sit back and be quiet. I understand why. The reason you go to an attorney is because of their vast knowledge, experience and of course education.

Step 2: Your attorney wants you to be satisfied

Step 2: Your attorney wants you to be satisfied#N#Remember the best source of advertisement is a happy client. The worse source of advertisement is an unhappy client. Although some attorneys are unsavory characters, most are generally good people, looking to do a good job. But we too are human. Tell your attorney your concerns.

Step 3: Actually consult another attorney

Step 3: Actually consult another attorney#N#Sometimes clients say things like "we're going to get another opinion" and then chicken out at the last minute. Sometimes, they feel so guilty or ashamed that they are willing to ruin or worsen their own recovery to avoid having to go through with it. The problem is, you are still not satisfied.

Step 4: Maybe it will help to hear what another attorney might say - The second opinion

Step 4: Maybe it will help to hear what another attorney might say - The second opinion#N#There are usually a few things that an attorney might say on a second opinion.#N#1) Your first attorney was right. - That's the simplest of all answers.

Continued..

Continued...#N#Your new attorney will work out the legal fee arrangements as well as obtain a list of any expenses/disbursements.#N#3) Your first attorney could be right/could be wrong - or the second attorney needs more info. - This is a grey area, but not a killer. You can provide the second attorney more information.

You're the boss

You're the boss#N#The client is the boss of the relationship. You have the right to hire/fire your attorney at will under most circumstances. You have the right to be respected, and to be understood. You have the right to have things explained to you in English and not Legalese.#N#As the boss there is one more thing that can be said.

LEGAL DISCLAIMER

LEGAL DISCLAIMER:#N#THE ABOVE GUIDE AND ANY SUPPLEMENTAL GUIDES ARE NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. NO ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS GUIDE OR ANY OTHER RESPONSES THERETO. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

What is a second opinion in a case?

A client who seeks an opinion from another attorney may more thoroughly understand an issue after he or she receives the second opinion. The opinion may be confirmed by another legal professional, providing the client with greater confidence in the decision. Alternatively, the second opinion may result in the client wanting to go in another direction. If a law firm does not have sufficient resources, it may skimp on more expensive charges, such as hiring expert witnesses. However, a lawyer who offers a second opinion may explain whether such expenses are worth the cost or will make a significant difference in the case. Getting a second opinion on a case involving money damages for a settlement can also help the client learn if his or her expectations are in line with the reality of such cases.

Why is public policy important?

An important public policy is to allow individuals to be able to have access to legal resources that they trust. This includes hiring an attorney whom the client trusts. Another important public policy consideration is being able to freely enter into a contract. Therefore, clients who retain the services of an attorney are usually entitled ...

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Introduction

Introduction#N#You have the right to get a second opinion for your personal injury case. Many personal injury lawyers don't charge any fee to give a second opinion. A second opinion may give you the peace of mind that your case is being properly handled.

1. Your lawyer doesn't return your calls

1. Your lawyer doesn't return your calls.#N#Lack of communication is the most common complaint that clients make about their lawyers. Lawyers have an ethical obligation to regularly communicate with their clients. If your lawyer is not responding to your phone calls, letter, or emails, this is a warning flag.

2. Your lawyer is under investigation by the bar officials or law enforcement

2. Your lawyer is under investigation by the bar officials or law enforcement#N#Occasionally there are news articles about a lawyer being under investigation by law enforcement. Some professional disciplinary matters also hit the news. A lawyer accused of a crime has the same presumption of innocence as any other citizen.

3. Your lawyer can't afford to hire the necessary experts

3. Your lawyer can't afford to hire the necessary experts#N#Some personal injury cases require expert witnesses and other consultants. These experts and consultants can be expensive, sometimes very expensive. Certain cases, like medical malpractice and product liability, almost always require expert witnesses.

5. Your lawyer tells you he won't litigate your case

5. Your lawyer tells you he won't litigate your case#N#The reality is that most personal injury cases get settled without a trial. Many get settled without a lawsuit ever being filed. However, sometimes it takes a lawsuit in order to get what is fair.

6. Your lawyer tells you to get a second opinion if you don't like their advice

6. Your lawyer tells you to get a second opinion if you don't like their advice#N#Some lawyers get defensive when a client questions them about their advice. A client who questions their lawyer doesn't mean that they disagree or dispute the lawyer's advice. The client may just be looking for clarification.

Jennifer L. Ellis

Lawyers have ethical rules they must follow that can be interpreted as making it inappropriate to talk to a potential client who already has a lawyer. However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.

Anthony Bettencourt Cameron

Maybe it's because you are not being clear that you are seeking a second opinion. There was a long thread on here about second opinions not very long ago. Several decades ago, they were almost taboo but now they are common.

Steven Marc Reiss

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.

Matthew Scott Berkus

I understand where those attorneys are coming from, but at the same time, I believe they are being too cautious. It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

How to get a second opinion on cancer?

Follow these tips from Mayo Clinic’s article, “Tips for Seeking Second Opinions With Cancer Care,” when seeking a second opinion: 1 If you don’t have a provider recommendation, look for providers who specialize in your condition and have experience delivering care. Check to see that they deliver high-quality care and outcomes, and have research programs that support development of new treatments. Recommendations of friends and family members, or former patients can be helpful, as well. 2 Check with your insurance provider to determine coverage, especially if the visit is out of your network. Also, check to see that the new specialist accepts your insurance type. 3 When you call to schedule the appointment, find out if the facility has a specialist with experience treating your condition. 4 Plan to bring your medical records, including copies of all scans, exams, previous treatment, blood tests and pathology slides, with you to the appointment. 5 Be clear what you’re looking for from the second opinion. Do you need confirmation that your current treatment recommendation is correct for you? Or are you looking for other options? Are you interested in clinical trials? 6 As you work with the new specialist, explain why you’re seeking a second opinion, and communicate your primary needs for the visit. 7 Consider your plan for next steps. Do you need to transfer your care to receive the new treatment options? Or can the treatment plan be communicated to your original doctor for care?

What does it mean to get a second opinion?

“Getting a second opinion means having the added benefit of another expert weighing in on your situation with his or her knowledge and expertise,” says Lonnie Fynskov, a nurse educator for the Cancer Education Program at Mayo Clinic. “He or she may be familiar with additional diagnostic tools and treatment options. Hopefully, that will increase your confidence on how best to proceed with your care. You may be nervous about telling your current doctor you are interested in seeking a second opinion. Even though this is your choice and doesn’t need an explanation, it may be helpful to outline what you need to feel confident in your next steps and why talking to another doctor is important to you. Many times, your current doctor will be happy to recommend someone. If you are unsure what to do next in your treatment, you should be recommending a second opinion automatically.”

Is peace of mind worth it?

Your peace of mind will definitely make it worthwhile.”. The decisions about your health care are likely some of the most important decisions in your life. Taking the time to understand and consider all options and approaches is important and part of being your own health advocate. PDF.

Why is time of the essence?

The reason the time is of the essence is that for some nerve injuries there is a narrow time in which you can be returned to surgery to fix the problem; otherwise, you’re left with permanent impairments. There are different types of nerve injuries that can occur during the surgery.

Should I seek a second opinion from a surgeon?

If your surgeon is vague and general in answering your questions, then you should consider seeking a second opinion sooner rather than later, preferably from a surgeon that practices at a different hospital or who is not part of the same practice group is the original surgeon.