You Need a Second Opinion
It's been said that you should always seek a second opinion and sometimes a third before having surgery to be sure that you are aware of all of your options.
Second opinions are not limited to medicine.
Clients can seek second opinions in legal matters, too.
I've been engaged in the general practice of law with an emphasis on Family law and trials in southern Virginia for over 35 years.
I've seen a lot in that time.
Apart from choosing the wrong lawyer, one that is inexperienced or incompetent or overly committed (too busy) or very cheap, a common mistake that I have seen is for a client who is not receiving good representation to blindly continue down the path that is not working.
I've had people come to me in dire situations and complaining about their prior lawyer's failure to protect their interests, but they waited too late for anything other than a state bar complaint or if appropriate, a malpractice action.
Yes, you can wait too late for another lawyer to be able to help you in your situation.
How can you tell when you need a second opinion from another lawyer? This article will tell you when to seek a second opinion.
NO PROGRESS: If your case is stalled in court and has been for years and it's not part of your lawyer's strategy to achieve your best interests, then you need another opinion about your situation.
Sometimes, cases can hang up for a season, especially if one of the lawyers is engaged in delaying tactics.
But if that season extends well beyond 18 months or so, you should get a second opinion.
I remember a client who came to me about his divorce which had been stalled in the courts for over four years.
I saw no legitimate reason that the case could not be brought to a conclusion, especially since the property and support issues had already been resolved by written agreement of the parties.
He needed more than just a second opinion.
I advised him that the case could be resolved.
He said he needed to think about it and left without hiring me.
Later I found out that he hired another lawyer from Northern Virginia who advertised cheap rates for uncontested divorces.
The client found out that you can't file more than one divorce at a time and he came back to me after the Northern Virginia lawyer found the case would not be uncontested and that the spouse not only contested but wanted her attorney's fees for defending a second suit.
After that the client returned to hire me.
I substituted myself as his lawyer and set the matter for final hearing.
In fact, I was able to wrap up the case in a little over 30 days from when I was hired.
Another client came to me about a divorce stalled in court for nine years.
She needed more than a second opinion, too.
She had been abandoned by her lawyer who had from her perspective done nothing to earn his fee.
I was able to get her divorce finished and to enforce the order of spousal support securing an income stream for her.
I was also able to defend an effort by her ex-husband to reduce what he was paying while securing for her some of the property which he had removed from the state.
I might have been able to do more, however, if she had called me earlier, much earlier.
You see, her husband fled the state with the bulk of the marital assets and her lawyer got an order of attorney's fees against the spouse for $10,000 which the lawyer expected her to pay after the spouse fled the state.
Had she sought a second opinion earlier, she could have enforced the support order earlier, she might have kept her spouse from absconding with the family assets and she might have kept her own lawyer from recovering such a large fee for neglecting her case.
EXCEPTION FOR STRATEGY: The foregoing notwithstanding, there have been two times when my cases were lingering on the court docket for years and it was part of my strategy.
I don't like to have things linger because they have a way of smacking you when you're not looking but in both cases, it was in my clients' interest that the divorce not be finalized.
If I could have ended the cases without a decree, I would have done but such was not the case.
In one, the opposing party died while the divorce was pending and my client as surviving co-owner of the real estate got the house.
In the other case, there was a cloud on the title to the house and my client was living in it rent free.
Bear in mind that two cases out of thousands of cases over 35 years is not many cases.
You should ask your lawyer if delay is part of his/her strategy for you.
FAILURE TO COMMUNICATE: If your lawyer is not copying you with documents, letters and pleadings pertaining to your case and is not providing you with periodic status reports on the matter he/she is handling for you, you need a second opinion.
If you have called your lawyer several times and received no return call, you need a second opinion about your situation and you may need to change lawyers.
Lawyers like doctors and other professionals can be very busy, but a lawyer should not be too busy to return your telephone calls.
I recently assisted an out-of-state client with a custody action here in Virginia.
He had a lawyer in Florida handling his divorce action, but the action was not progressing, his phone calls were not being returned and when, at my suggestion, he scheduled appointments with the Florida lawyer, the appointments were canceled by the law office without rescheduling.
That client had a problem and needed at least a second opinion.
In our office we try to return calls within 24 hours and my legal assistant will see that the call is returned and acknowledged, even if I am out of the office on business due to trials, hearings and depositions.
You should keep track of your telephone calls to your attorney's office and of return calls to you.
If your lawyer takes more than a day or two to get back to you or to have someone from his office get back to you, you should seek another opinion.
One of the leading causes for bar complaints against lawyers is the failure to communicate with their clients.
Last year, I had a client come to me about her divorce which had been stalled for 6-8 months with no progress.
The lawyer was not returning her calls and she did not know the status of her case except that her husband was an incarcerated felon and was being difficult.
She hired me and again I was able to get the case wrapped up in about 90 days.
She was thrilled to have her calls returned, to receive copies of documents and to receive status reports reflecting progress on her case, including obstacles which required attention.
She said that her former lawyer did not return calls, did not copy her with documents and did not keep her advised of progress or the lack thereof.
If you don't hear anything from your lawyer for several months at a time and when you call to find out what's going on, you get billed for your phone call and nothing else, you need a second opinion.
I had a client come to me whose divorce had been stalled for over three years and had been stricken from the docket for inaction.
All that her previous attorney had done for her was to get a custody/support order.
Nothing else had been done to resolve property issues.
Nothing else had been done to finalize the divorce.
Furthermore, the support order failed to provide for continued child support after age 18 as provided by Virginia law.
When she called to ask what was happening, she would get a bill for the telephone call, although nothing was happening on her case.
The lawyer did not tell her that the case had been stricken from the court docket.
After the client hired me, I was able to get the case reinstated on the court docket, negotiate most of the issues and set the remaining issue of retirement division for hearing and determination by the court.
POOR PERFORMANCE: If you are not happy with the way your case is going, if you believe or are concerned that you are losing, if you believe your lawyer is not speaking up on your behalf, or if your lawyer tells you that there is nothing more that can be done for you, you need a second opinion.
These situations may or may not reflect poorly on the attorney, but for your own peace of mind and satisfaction, you should seek a second opinion.
Sometimes, a fresh pair of eyes on a case can see another plan of attack.
There have also been times when a client comes to me and I send him back to his lawyer.
In those cases, the client obtains fresh respect for his/her attorney and new confidence that the case is being handled appropriately.
Recently, a man sought counsel with me about getting a divorce.
I did not know until I was speaking with him that he had already filed divorce in another city.
I telephoned his lawyer and spoke to her about the client and the case status and her strategy.
Once I understood what was going on, I then was able to tell the client that his lawyer was pursuing his case but was impeded by the judge's rulings.
I was able to tell him that she had a strategy for his case; I encouraged him to go back to his lawyer and to cooperate fully with her.
I also told him that if she was unsuccessful in obtaining the divorce after a reasonable period of time, he could return to see me and I would consider taking his case.
Every lawyer is not a good fit for every client.
That's why there are different lawyers.
Hopefully each client will be able to find a lawyer suitable for him/her.
Sometimes personality conflicts arise during a representation and it is a good idea to get a second or even a third opinion and to consider changing counsel.
If you decide to seek a second opinion, you need to bring: a copy of all of the pleadings, orders and correspondence pertaining to your case.
In fact, you should bring any and everything which may even remotely pertain to your case so that the attorney may review everything.
Second opinions are not limited to medicine.
Clients can seek second opinions in legal matters, too.
I've been engaged in the general practice of law with an emphasis on Family law and trials in southern Virginia for over 35 years.
I've seen a lot in that time.
Apart from choosing the wrong lawyer, one that is inexperienced or incompetent or overly committed (too busy) or very cheap, a common mistake that I have seen is for a client who is not receiving good representation to blindly continue down the path that is not working.
I've had people come to me in dire situations and complaining about their prior lawyer's failure to protect their interests, but they waited too late for anything other than a state bar complaint or if appropriate, a malpractice action.
Yes, you can wait too late for another lawyer to be able to help you in your situation.
How can you tell when you need a second opinion from another lawyer? This article will tell you when to seek a second opinion.
NO PROGRESS: If your case is stalled in court and has been for years and it's not part of your lawyer's strategy to achieve your best interests, then you need another opinion about your situation.
Sometimes, cases can hang up for a season, especially if one of the lawyers is engaged in delaying tactics.
But if that season extends well beyond 18 months or so, you should get a second opinion.
I remember a client who came to me about his divorce which had been stalled in the courts for over four years.
I saw no legitimate reason that the case could not be brought to a conclusion, especially since the property and support issues had already been resolved by written agreement of the parties.
He needed more than just a second opinion.
I advised him that the case could be resolved.
He said he needed to think about it and left without hiring me.
Later I found out that he hired another lawyer from Northern Virginia who advertised cheap rates for uncontested divorces.
The client found out that you can't file more than one divorce at a time and he came back to me after the Northern Virginia lawyer found the case would not be uncontested and that the spouse not only contested but wanted her attorney's fees for defending a second suit.
After that the client returned to hire me.
I substituted myself as his lawyer and set the matter for final hearing.
In fact, I was able to wrap up the case in a little over 30 days from when I was hired.
Another client came to me about a divorce stalled in court for nine years.
She needed more than a second opinion, too.
She had been abandoned by her lawyer who had from her perspective done nothing to earn his fee.
I was able to get her divorce finished and to enforce the order of spousal support securing an income stream for her.
I was also able to defend an effort by her ex-husband to reduce what he was paying while securing for her some of the property which he had removed from the state.
I might have been able to do more, however, if she had called me earlier, much earlier.
You see, her husband fled the state with the bulk of the marital assets and her lawyer got an order of attorney's fees against the spouse for $10,000 which the lawyer expected her to pay after the spouse fled the state.
Had she sought a second opinion earlier, she could have enforced the support order earlier, she might have kept her spouse from absconding with the family assets and she might have kept her own lawyer from recovering such a large fee for neglecting her case.
EXCEPTION FOR STRATEGY: The foregoing notwithstanding, there have been two times when my cases were lingering on the court docket for years and it was part of my strategy.
I don't like to have things linger because they have a way of smacking you when you're not looking but in both cases, it was in my clients' interest that the divorce not be finalized.
If I could have ended the cases without a decree, I would have done but such was not the case.
In one, the opposing party died while the divorce was pending and my client as surviving co-owner of the real estate got the house.
In the other case, there was a cloud on the title to the house and my client was living in it rent free.
Bear in mind that two cases out of thousands of cases over 35 years is not many cases.
You should ask your lawyer if delay is part of his/her strategy for you.
FAILURE TO COMMUNICATE: If your lawyer is not copying you with documents, letters and pleadings pertaining to your case and is not providing you with periodic status reports on the matter he/she is handling for you, you need a second opinion.
If you have called your lawyer several times and received no return call, you need a second opinion about your situation and you may need to change lawyers.
Lawyers like doctors and other professionals can be very busy, but a lawyer should not be too busy to return your telephone calls.
I recently assisted an out-of-state client with a custody action here in Virginia.
He had a lawyer in Florida handling his divorce action, but the action was not progressing, his phone calls were not being returned and when, at my suggestion, he scheduled appointments with the Florida lawyer, the appointments were canceled by the law office without rescheduling.
That client had a problem and needed at least a second opinion.
In our office we try to return calls within 24 hours and my legal assistant will see that the call is returned and acknowledged, even if I am out of the office on business due to trials, hearings and depositions.
You should keep track of your telephone calls to your attorney's office and of return calls to you.
If your lawyer takes more than a day or two to get back to you or to have someone from his office get back to you, you should seek another opinion.
One of the leading causes for bar complaints against lawyers is the failure to communicate with their clients.
Last year, I had a client come to me about her divorce which had been stalled for 6-8 months with no progress.
The lawyer was not returning her calls and she did not know the status of her case except that her husband was an incarcerated felon and was being difficult.
She hired me and again I was able to get the case wrapped up in about 90 days.
She was thrilled to have her calls returned, to receive copies of documents and to receive status reports reflecting progress on her case, including obstacles which required attention.
She said that her former lawyer did not return calls, did not copy her with documents and did not keep her advised of progress or the lack thereof.
If you don't hear anything from your lawyer for several months at a time and when you call to find out what's going on, you get billed for your phone call and nothing else, you need a second opinion.
I had a client come to me whose divorce had been stalled for over three years and had been stricken from the docket for inaction.
All that her previous attorney had done for her was to get a custody/support order.
Nothing else had been done to resolve property issues.
Nothing else had been done to finalize the divorce.
Furthermore, the support order failed to provide for continued child support after age 18 as provided by Virginia law.
When she called to ask what was happening, she would get a bill for the telephone call, although nothing was happening on her case.
The lawyer did not tell her that the case had been stricken from the court docket.
After the client hired me, I was able to get the case reinstated on the court docket, negotiate most of the issues and set the remaining issue of retirement division for hearing and determination by the court.
POOR PERFORMANCE: If you are not happy with the way your case is going, if you believe or are concerned that you are losing, if you believe your lawyer is not speaking up on your behalf, or if your lawyer tells you that there is nothing more that can be done for you, you need a second opinion.
These situations may or may not reflect poorly on the attorney, but for your own peace of mind and satisfaction, you should seek a second opinion.
Sometimes, a fresh pair of eyes on a case can see another plan of attack.
There have also been times when a client comes to me and I send him back to his lawyer.
In those cases, the client obtains fresh respect for his/her attorney and new confidence that the case is being handled appropriately.
Recently, a man sought counsel with me about getting a divorce.
I did not know until I was speaking with him that he had already filed divorce in another city.
I telephoned his lawyer and spoke to her about the client and the case status and her strategy.
Once I understood what was going on, I then was able to tell the client that his lawyer was pursuing his case but was impeded by the judge's rulings.
I was able to tell him that she had a strategy for his case; I encouraged him to go back to his lawyer and to cooperate fully with her.
I also told him that if she was unsuccessful in obtaining the divorce after a reasonable period of time, he could return to see me and I would consider taking his case.
Every lawyer is not a good fit for every client.
That's why there are different lawyers.
Hopefully each client will be able to find a lawyer suitable for him/her.
Sometimes personality conflicts arise during a representation and it is a good idea to get a second or even a third opinion and to consider changing counsel.
If you decide to seek a second opinion, you need to bring: a copy of all of the pleadings, orders and correspondence pertaining to your case.
In fact, you should bring any and everything which may even remotely pertain to your case so that the attorney may review everything.
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