I am not 100% certain my lawyer can do everything she needs to win my case, so I'm considering hiring an additional attorney to co-counsel. Some lawyers claim they cannot speak with me without express permission from my exisitng lawyer. Other lawyers have spoken with me as if it were not an issue that I alread have a lawyer. So my question - is it illegal or unethical for a lawyer to consult with someone who already has a lawyer regarding the same issue?
2006-07-15 04:54:09 · 13 answers · asked by Neeners 3 in Politics & Government ➔ Law & Ethics
It may depend on your situation, but it is not unethical or illegal to seek a second opinion if you believe your current lawyer can not perform her duties successfully for you. You would have to speak with another lawyer to see if they will take your case if you are considering switching lawyers.
Co-counsel is a bit different. If you are seeking a second lawyer to work with the one that you have currently, then she needs to be involved in the process. Express your concern to her and that you would like her to bring somebody else in on the case who can do what she can not. If she refuses altogether and can not perform satisfactorily, then you have a right to fire her and hire another lawyer.
2006-07-15 05:03:42 · answer #1 · answered by LovingMother 4 · 0⤊ 1⤋
It's not really a question of a rule. There are two things going on, you are uneasy about your current lawyer. That's not good, but not too unusual. You hired this person because they are trained for a task you are not. While you are capable of understanding what is happening, your lawyer should probably spend more time explaining what he or she is doing with the case.
If you go out and hire another lawyer to replace this one, more than likely you will still need to pay the first one for the work already done and you lose out on the experience that person gained with your case.
If you pull someone in to act as co-counsel, you are forcing two people to work together. The first lawyer may have some natural resentment. Not good. Think how you would feel if someone went behind your back. You would probably complete the task but the quality may not be there.
Talk to your lawyer about your concerns. Be honest.
You should also call the Bar Association in your state. Most of them have good information and advise for consumers because it is in their best interest for the public to have a good experience with the legal system.
2006-07-15 05:39:05 · answer #2 · answered by Bright Light 3 · 0⤊ 0⤋
Ethically, I'd say you can do whatever you want to. In the end its YOUR life/well-being at stake.
The only reason lawyers would pretend there's some sort of a code is because they are protecting their own. They don't want to have to be competitive and actually do a good job. Not having to look over their shoulder and worry about getting fired or pushed aside... that's why they pay the big bucks to join the club (ABA).
Screw lawyers.
My suggestion is to stay away from any lawyer who says they can't talk with you. Is that really someone you want- being more concerned about their comrade then resolving your concerns?!
You never see doctors saying "No. You can't have a second opinion. It's mine or the highway." Seriously, is that the kind of doctor you'd want? What makes law any different?
2006-07-15 05:05:27 · answer #3 · answered by mookie1510 3 · 0⤊ 0⤋
It's not unethical or illegal for another lawyer to speak with you about your case. The only lawyer who cannot speak with you directly about your case is the lawyer who represents the other party.
Other lawyers may not WANT to talk to you about your case if it obvious that you are looking for free advice because you already have an attorney and you are testing or confirming his advice.
If you are proposing to hire the second attorney as "co-counsel," you are probably being told that the new attorney wants your current attorney to approve hiring "co-counsel" before you talk to the second attorney. If your present attorney does not want "co-counsel" or objects to a particular choice of "co-counsel," you have a lot of potential problems. (EXAMPLES: 1. You can have as many attorneys as you want, but you can't make them work well together. 2. If the new attorney only wants to co-counsel, but the old attorney withdraws because co-counsel is hired, then the new attorney is maybe stuck with doing more than he or she anticipated.)
A better approach to what you want is to talk to your current attorney and suggest that he or she retain co-counsel. Then you and current attorney can work together to find someone who is acceptable to both of you.
Or you can hire a firm that is large enough to supply all the lawyers you need for your case (which is how many you can afford) and fire the current attorney.
2006-07-15 06:35:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Un-ethical? NO IT IS NOT. You can buy all the help you need. You can have a team of lawyers because two heads are better than one. Haven't you seen MANY cases depend on multiple lawyers to see through a case. The problem is these days, is that many people cannot afford one lawyer. Look at Saddam hussein's team. He alone has 3 lawyers (well, had 3 before they got killed).
2006-07-15 04:59:49 · answer #5 · answered by FIONEX 3 · 0⤊ 0⤋
are you insane??? Canada is extra british than the Queen and maximum anglos the two hate or do no longer concern approximately Quebec. So the respond is a powerful NO. There could desire to be some uncommon exception in case you artwork for the Ontario or New Brunswick case and the human beings communicate french in this style of case they are legaly oblige to furnish the social gathering with a french language lawyer in spite of the shown fact that it doesnt could desire to be you. Acually Britain speaks with the aid of plenty extra French than Canada.
2016-11-02 02:52:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you aren't comfortable with your attorney's ability to win your case, it seems that's the issue. I understand you want to find an ethical attorney, as well. However, it sounds like you really need to find someone to win your case.
2006-07-15 04:58:56 · answer #7 · answered by Ambrosia 3 · 0⤊ 0⤋
Most lawyers are cunning, so be circumspect, and look out for yourself. If you can afford it, try a co-counsel situation.
2006-07-15 05:00:47 · answer #8 · answered by lighthouse 4 · 0⤊ 0⤋
I'm not 100% Sure but it might be an adequate actiion but it might be a bit Unorthodox for a Judge.
2006-07-15 04:57:59 · answer #9 · answered by andy14darock 5 · 0⤊ 0⤋
Talk to your current attorney and ask her about it. And ask her what attorneys she would recommend since he/she will be collaborating on the case together.
2006-07-15 05:00:47 · answer #10 · answered by deltazeta_mary 5 · 0⤊ 0⤋