"What if I don't agree with my lawyer regarding tactics and
strategies? Can I get a second legal opinion without firing my lawyer?"
In general, a lawyer has numerous
professional responsibilities to a client. The lawyer is required to abide by the client's
decisions concerning the objectives of the representation; the lawyer is required to
consult the client as to the means by which those objectives are to be pursued; the lawyer
is required to act with reasonable diligence and promptness in representing the client;
the lawyer is required to keep the client reasonably informed about the status of the
case; and the lawyer is required to explain matters to the client in order to help the
client make informed decisions concerning the representation.
To successfully represent a client in a
divorce or custody case, the lawyer should have:
- an extensive knowledge of family law;
- many years of actual experience representing clients;
- the ability and dedication to listen carefully to all of
the client's concerns and questions, and respond to them with a genuine understanding of
the client's needs.
Ideally, the lawyer and the client should
work together as a team for the client's benefit. In these very personal cases,
communication is essential, and every client is entitled to take an active role in the
case.
If the client doesn't understand the
lawyer's tactics or strategies, or disagrees with them, he or she should discuss it with
the current lawyer in order to reach an agreement as to the manner in which the case
should be handled. However the client may choose to obtain a second legal opinion, at any
time, concerning any matter.
The client can obtain a second opinion
before or after retaining the initial lawyer. The client may seek the advice of the second
lawyer privately (without informing the first lawyer), or may choose to tell his or her
lawyer about wanting a second opinion.
No lawyer has all the right answers to
every question of law, tactics or strategy. Getting a second legal opinion may help the
client achieve a more informed understanding of the law, the judicial process, and the
client's choice of legal counsel.
Steven D. Gerage, J.D.,
practices family law including divorce, financial, and child custody litigation. He also
devotes his practice to negotiating and drafting premarital, postnuptial, and marital
settlement agreements.
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