Can I get a second opinion without firing my lawyer?

“What if I don’t agree with my lawyer’s tactics and strategies? Can I get a second opinion without firing my lawyer?”

Every lawyer in every case must take direction from the client, and this is especially true in a divorce or family case. While the lawyer generally makes the legal decisions, he or she shouldn’t make them without first consulting with the client. After all, you are the consumer. Divorce cases are emotionally charged, and the tactics or strategies one employs can affect not only the outcome of the case but also the amount of money you will incur in legal fees. Moreover, it can affect the relationship you’ll have with your ex; while that not may seem important at the time, you must consider this factor, especially if you have children. If you and your ex are going to effectively co-parent your child, there must be a certain amount of civility. Don’t kill what’s left by allowing a cowboy/cowgirl lawyer run unchecked.

You can seek and get a second and third opinion if you believe that your lawyer’s tactics aren’t serving your best interests; you don’t have to fire your lawyer to get other professional opinions.

While you may not agree with or understand your lawyer’s strategies, keep in mind that there may be good, sound reasons that he or she is using the tactics you’re questioning. If you retained this attorney knowing that he or she is experienced and knowledgeable, that may well be the case.

The key to any effective attorney-client relationship is good communication. Speak with your lawyer, become an active participant in your case, and discuss each aspect of the case. If you’re unhappy or dissatisfied, tell your lawyer. You may find that after talking with your lawyer, you may agree with what he or she is doing.

Philip S. Milone is a matrimonial lawyer with 21 years of experience practicing in New York, Brooklyn, Queens, and Suffolk Counties.