Getting a second opinion on your case

A second opinion is not the same as switching lawyers. It is one lawyer looking at how your case is going and telling you what they see. You can get one while keeping the lawyer you have, or while you have none.

If the review makes you decide to move the case, that is switching personal injury lawyers. If a firm formally turned you down, start with a firm rejected your case — now what.

When a second opinion is worth getting

• The case has sat for a long time with no clear explanation.
• You have a settlement offer and no framework for judging it.
• Your lawyer has gone quiet.
• You were told the case is weak and want that checked.
• You signed quickly after the incident and want to know if that was the right firm.

What a reviewing lawyer looks at

A useful review is concrete. The lawyer reads the file and forms a view on:

• Whether liability is being developed and documented.
• Whether the medical picture is complete and well supported.
• Whether the available insurance coverage has been identified.
• Whether deadlines have been met and what is coming up.
• Whether the case is moving at a normal pace for its stage.
• What they would do next that is not being done.

Background: what makes a personal injury case strong · how firms assess whether fault is clear.

Confidentiality

When you consult a lawyer about possibly hiring them, they owe you duties even if you never hire them, including keeping your information confidential. That is what makes an honest review possible.

Sources: Cal. Rules of Prof. Conduct, rule 1.18 (duties to a prospective client).

Common questions

Can I get a second opinion while I still have a lawyer?

Yes. Talking to another lawyer for a review is your right and does not end your current representation. You are not obligated to switch, and a reviewing lawyer who is not hired keeps what you told them confidential under the duties owed to a prospective client (rule 1.18).

Do I have to tell my current lawyer?

No rule requires it. Many people get a quiet review first and only raise it with their lawyer if the review turns up something worth discussing.

What should I bring to a second-opinion review?

Your representation agreement, the police or incident report, your medical records and bills, any settlement offers or correspondence, and a short written summary of what has happened in the case and what is worrying you.

Will a second opinion tell me what my case is worth?

No. A reviewing lawyer can tell you whether the case is being handled reasonably and what they would do differently. Anyone who quotes you a number off a first meeting is guessing.