Can I get a second opinion from you about my lawyer and how he is treating my personal injury case? Can I switch lawyers in the middle of a case?

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Q: Can I get a second opinion from you about my lawyer and how he is treating my personal injury case? Can I switch lawyers in the middle of a case?

A: You are entitled to call another lawyer at any time and get a second opinion about how he or she is handling your case.

According to Leslie A. T. Haley, Assistant Ethics Counsel for the Virginia State Bar, in a recent article published in the Journal of the Virginia Trial Lawyer Association:

"Clients at all times retain the right to counsel of their own choosing. That right includes the right to fire and replace their attorneys at any time. As part of that right, a client may need to consult another attorney regarding the case to eb able to make an informed decision as to whether a change in attorney is warranted. Comment to Rule 4.2 makes clear that it is not improper for an attorney to speak with a represented party regarding that person's legal matter. Of course, an attorney would be prohibited from such contact if he represented any other party in the matter. Whle an attorney may provide a consultation in the manner of a second opinion, he should take no action in the matter and decline actual representation of the person unless and until te orginal lawyer is fired, withdraws or agrees to joint representation as co-counsel. [See, LEOs 369, & 1328]"

In plain english this means that you can always pick who you want to be your lawyer. You have the right to get a different lawyer at any point in your case, and as part of that right you may get a second opinion from another lawyer so you can decide if a change of attorney would help you, but it is not okay for a lawyer with a conflict of interest to give a second opinion. Another lawyer can not take over your case until you fire the original lawyer or the two lawyers make arrangements somehow.

Wayne O'Bryan is available to give you a second opinion on your Virginia accident, injury, malpractice or wrongful death case. If you feel that you are not being treated in a fair and friendly manner by your current lawyer call Attorney Wayne O'Bryan. If you are interested in having a second attorney look at your case please give Wayne O'Bryan a call at 1-800-372-4099.

We handle these types of personal injury cases in Virginia:

   Alcohol / Drug Related Accidents
   Birth Defects or Injuries
   Consumer Class Action Cases / Consumer Fraud
   Defective Products / Products Liability
   Dog and Animal Attacks
   Emergency Room Errors
   Forklift Injuries
   Healthcare Injuries
   Hospital, Physician, and Nursing Negligence
   Misdiagnosis
   Nursing Home Abuse and Neglect
   Pedestrian Injuries
   Slip and Fall / Premises Liability
   Traumatic Brain Injury
   Virginia Motorcycle Accident

If you've been injured in Virginia get the Virginia Accident Injury Book