Second Opinions and Changing Lawyers
When to seek another opinion, how to change lawyers without harming your case, and your rights as a client.
When to Seek a Second Opinion?
A second legal opinion is perfectly legitimate and sometimes necessary:
Situations That Justify It
- Your lawyer recommends inaction and you're not convinced
- The case is complex and consequences are significant
- You don't understand the proposed strategy
- You suspect your lawyer lacks experience in your matter
- You receive a settlement offer and need to evaluate it
How to Seek a Second Opinion
- You don't need permission from your first lawyer
- Bring the same documentation and tell the same facts
- Don't tell them what the first one said (to avoid bias)
- Compare proposed strategies and budgets
Changing Lawyers
You can change lawyers at any point in the process. It's a fundamental right.
Your Rights
- Free choice: you can change whenever you want, without giving reasons
- Case file: the lawyer must hand over all your case documentation
- Professional secrecy: the first lawyer cannot reveal information to the other party
What About Fees?
- You must pay for work already done (proportional bill)
- If you paid a retainer and it wasn't fully used, you get the difference back
- If there's a fee disagreement, you can request an opinion from the Bar Association
Case Transfer
- Communicate in writing to your first lawyer the decision to change
- Formally request documentation handover
- Your new lawyer can contact the previous one to coordinate the transfer
- If there are ongoing procedural deadlines, the transfer must be quick