Could I legally pursue a second opinion on my case?

Question

A year ago I consulted an attorney regarding a dispute. He did not require that I sign a retainer agreement, but I did pay him $1200.  He rarely returns my calls and makes excuses for nothing being accomplished.  I want to consult another attorney and then contact him by letter that I have retained a new attorney.  Can I do so without ramifications?

Edward Armstrong · Answer

You are free to consult any other attorney.  Inform the attorney you write about that he is fired, demand he return any file he has on you and then consult any attorney you wish.

Dorothy Bunce · Answer

As long as no legal case has been filed, I do not see any ethical issue with consulting another attorney for a second opinion about your case.  If you do replace your current attorney, you are entitled to ask for an accounting of the work that has been performed and obtain a refund of any unearned fee.

Tony Mankus · Answer

You can always consult with another attorney.

Ronald Nims · Answer

You can ALWAYS get a second opinion in a legal matter.  Sounds like your first attorney isn't very professional.  1st, he didn't get an agreement for his representation, that's both sloppy and a violation of his malpractice insurance (if he has malpractice insurance), 2nd, he hasn't attended to the matter in a reasonable time.  3rd, he doesn't return your phone calls.  Both of these are reasons for being disbarred.  I encourage you to find another lawyer.

Georges Shers · Answer

A client can fire their attorney when ever they want to, with or without reason, but you owe him for the work done. ?You do not say what the basis for the $1,200 payment was; if it was for an hourly fee, he would be entitled to that hourly rate for the work done that was of benefit for you. ?If it was a legal project that had several steps to it and he finished some of them, he would be entitled to some payment, perhaps as to a percentage of the work done, etc.

Richard Jacobson · Answer

It's hard to determine what are the ramifications which concern you. You are entitled to employ any lawyer who you can afford. So you certainly permitted to consult another lawyer, and substitute in that new lawyer if you wish.

James Oberholtzer · Answer

Yes. absolutely

James Eugene Hasser · Answer

Yes. You can. You may be entitled to a refund as well. Good luck.

Gregory Janks · Answer

You always have the right to get a 2nd opinion.  The only  "ramifications" that I can think of are that you will possibly pay again  for work that you already paid for and the 1st attorney did (since you  aren't sure what he did/didn't do since you can't get that info. out of  him?).  Also there is the possibility of "lost time" in that the new  attorney may have to start from scratch, if you or he/she don't get the  1st attorneys file (which you should be able to get as you paid for his  work).  Certainly the 1st attorney can claim you owe him $ and/or he  doesn't owe any refund, but typically that is a matter that is spelled  out in any retainer agreement/letter you had with the 1st attorney.  If  the matter is in suit, you need leave of the court to replace your  existing attorney.

Jeffery Robinette · Answer

It is always best to try to work things out with your own attorney. You may think that because your lawyer hasn't communicated with you lately there is nothing going on. You may be surprised to learn that a great deal of research and discovery has been conducted on your behalf. If you have reasonable cause to believe that your lawyer really is not doing anything for you, consult with a possible replacement lawyer. You will still owe your initial lawyer fees for any work done on your case and repayment for any charges made on your behalf.

Charles Schneider · Answer

You can get as many opinions as you like.

Robert McCall · Answer

Recommend you contact the Florida Bar if you are not getting services you contracted for;

Edwin K. Niles · Answer

Certainly.  And, fyi, the State Bar of California has a rule that any fee of $1,000 or more requires a written agreement.

Dara J. Goldsmith · Answer

If you have no fee agreement then there is nothing that sets forth what your relationship is.  If you orally directed him to take action he could rely upon that in many circumstances.  You can always seek a second opinion.  You should also ask that attorney to review all correspondence from Attorney No. 1 and help you determine the status of that relationship as well as your obligations.  From your email it is unclear if you are receiving bills, etc.  This is opinion is solely based upon the facts presented in the inquiry.  Additional facts may be important and may change the analysis.  If you are uncertain, seek legal counsel.  We are not your attorneys.  This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.

Hudson Bair · Answer

Usually you can switch lawyers while your case is still open, your new lawyer will have to be prepared to pick up where the old lawyer dropped off (so, if you have a jury trial date the new lawyer will have to be ready to go if the Judge denies his/her request to continue the trial).

Dennis Leffert · Answer

You can always get a new attorney and have the new attorney contact him and request a copy of your file.  If you think he overcharged you, you can file a small claims lawsuit against him for the amount you believe he overcharged.  Good luck.

Stacy Safion · Answer

Yes, you may.

Randall Romei · Answer

Yes. You can change attorneys.

James Maguire · Answer

Yes. If you are not happy with your present attorney, you can discharge him   and retain another attorney.

Ronald A. Steinberg · Answer

Abso-freeking-lutely.  And then, after you get the new lawyer, you may contact the grievance commission of the bar association.  The guy may owe you some money back.

Mandy McKellar · Answer

Yes you can always select and end representation with counsel at your discretion.

Jayne Sebby · Answer

If you're not happy with the service you are getting, you have the right to terminate that relationship and look for better service elsewhere.  The same is true of the legal profession.  When you find a new attorney, contact the first attorney and ask him to forward your file to the second attorney.  Note that he is only required to turn over legal documents and not any work product that he has personally created, such as research on similar cases, notes on the strengths and weaknesses of your case, lists of witnesses, etc.

William Sanders · Answer

I know of no reason you may not retain another attorney.        But, you likely will not receive a refund of the $1200.   You may always consult with another attorney about your case.       I know of no circumstances where that would be forbidden.    RE:   makes excuses for nothing being accomplished      It is possible that those excuses are valid. The law moves slow.

Richard Rice · Answer

Yes.  If you are in Wisconsin, there must be a written retainer agreement for amounts greater than $1,000.

Marc Stern · Answer

Yes. Certainly.

Kimberly French · Answer

Absolutely. You can fire your attorney with or without cause at any time. Make sure you do so in writing. Because you did not sign a retainer agreement, it is incredibly unlikely that you will get any of the money back that you paid the first attorney. I recommend checking out sites likes Avvo to read client reviews before hiring the next lawyer.

John Brennan · Answer

You have provided insufficient details upon which to form an opinion. Generally you are entitled to the attorney of your choice. You certainly can pursue the opinion of another legal practitioner.

Dan Chambers · Answer

That would be a yes.

Ernest Linek · Answer

Yes - you are free to change lawyers.  Talk to a new lawyer - explain your situation completely. Leave nothing out - as lawyers do not like surprises...  The new lawyer and you can then ask (in writing) for the first lawyer to transfer the file to the new lawyer.  The new lawyer will likely request a retainer payment similar to the one you have already paid - so be ready for that.  You might ask the first lawyer for an accounting of the money paid - so if there is a refund available - you should get it.

Daniel Flamm · Answer

There is no reason you cannot see another attorney.  I suggest to refrain from writing any letters until you find an attorney who has good references and whom you are personally comfortable with.  You should always have a signed engagement letter once you have found an attorney agrees to represent you.

Bernard H. Greenberg · Answer

Yes, you can contact another attorney.

Daniel Edelman · Answer

It depends on what your agreement with the attorney says and what he has done.

Justin Wang · Answer

Yes, absolutely.

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