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Virginia Personal Injury Attorney

9/18/2009
Ben Glass
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May An Attorney Provide A Second Opinion To A Client Of Another Attorney?

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]"

I, Ben Glass, offer "second opinion" consultations under the rules of the Virginia State Bar. If you are interested in having a second attorney take a look at your case please don't hesitate to contact me for information regarding fees and availability. To do so, call my office at (703) 591-9829.

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