in new york + how do you replace a lawyer or get a second opinion

If your original lawyer appeared on your behalf in court and is on record as your lawyer, you can change lawyers by filing a Consent to Change Counsel signed by the retiring counsel and you as the party. Certain courts require that the Consent to Change Counsel be ordered by the court.

Full Answer

How do I get a second opinion from a lawyer?

Get a Second Opinion 1 This is your gut telling you that something just doesn't feel right. 2 You are paying your lawyer, so use him/her.. 3 Your attorney wants you to be satisfied Remember the best source... 4 Actually consult another attorney Sometimes clients say things like "we're going... 5 Maybe it will help to hear...

Why would a client seek a second opinion?

A client who seeks an opinion from another attorney may more thoroughly understand an issue after he or she receives the second opinion. The opinion may be confirmed by another legal professional, providing the client with greater confidence in the decision.

Should I get a second attorney?

If you choose to go with the second attorney, then he/she can help with terminating the other attorney. You won't even have to call or speak with anyone from their office (a lot of people feel they owe them sometihing emotionally - but you do not). Continued...

When can I replace my attorney?

In matters of civil law, you generally have the right to replace your attorney whenever you want to, for whatever reason. In criminal matters, you can also replace your defense attorney, though that ability might be subject to court approval in certain circumstances.

How do I change my case from one attorney to another?

Answers (5)Ask the court if you can change. ...Find a new lawyer. ...Terminate the representation with your initial lawyer. ...File a motion for substitution of attorney. ...File for a continuance, if necessary. ...Request your file from your former lawyer. ...Request return of unearned fees.

Should you get a second opinion from a lawyer?

If the association yields no substantial results and yet consistently drains your financial resources, a second opinion is in order. The second opinion also gives you a chance to make a valid comparison of the price range of your existing law firm and the new law firm.

Can we change lawyers in the middle of a case?

Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one's pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one's pleader.

How do you disbar a lawyer?

Proceedings for disbarment or any administrative case against a lawyer may be filed before the Commission on Bar Discipline by submitting six (6) copies of a verified complaint to the same. He shall have the power to issue subpoenas and administer oaths.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

How do I change my lawyer without a NOC?

if the advocate is not appearing and is not ready to give an NOC, you can ask the court to appoint a counsel for you or pass a direction to the advocate to appear for the purpose of giving an NOC. A complaint before the court that the lawyer is not giving the NOC deliberately would suffice.

What are the grounds for disbarment of a lawyer?

Under Section 27,23 Rule 138 of the Rules of Court, a lawyer may be disbarred on any of the following grounds, namely: (1) deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful ...

What is grossly immoral conduct?

Grossly immoral conduct must be an act that is "so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree."

What are common sanctions for violating ethical practices for attorneys?

The most common penalties for violating ethical rules are disbarment, suspension, and public or private censure. Disbarment is the revocation of an attorney's state license, permanently rendering the attorney unqualified to practice law.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

What Happens in a Second Opinion

When you hire a lawyer for a second opinion, he or she reviews the files in your case to assess how well your current lawyer is handling it.

Before Getting a Second Opinion

You don't have to tell your lawyer you want a second opinion, but it's generally a good idea to talk with him or her about your concerns. You may find out there's a good explanation.

When You Might Want a Second Opinion

You can, of course, get a second opinion anytime you want to, just for your own peace of mind. But certain situations might raise a red flag that signals that a second opinion is truly warranted:

What is a second opinion in a case?

A client who seeks an opinion from another attorney may more thoroughly understand an issue after he or she receives the second opinion. The opinion may be confirmed by another legal professional, providing the client with greater confidence in the decision. Alternatively, the second opinion may result in the client wanting to go in another direction. If a law firm does not have sufficient resources, it may skimp on more expensive charges, such as hiring expert witnesses. However, a lawyer who offers a second opinion may explain whether such expenses are worth the cost or will make a significant difference in the case. Getting a second opinion on a case involving money damages for a settlement can also help the client learn if his or her expectations are in line with the reality of such cases.

What happens if a law firm does not have sufficient resources?

If a law firm does not have sufficient resources, it may skimp on more expensive charges, such as hiring expert witnesses. However, a lawyer who offers a second opinion may explain whether such expenses are worth the cost or will make a significant difference in the case.

What happens if a client lapses in filing?

Filing deadlines are strictly adhered to and a lapse can result in damage to the client’s case. Another red flag is if the attorney is pushing the client to a decision because that is the fastest way out, such as pleading guilty or accepting a settlement if these are not in the best interests of the client.

This is your gut telling you that something just doesn't feel right

This is your gut telling you that something just doesn't feel right. We all have that instinct built in to us. But more often than not, when dealing with lawyers, people just simply sit back and be quiet. I understand why. The reason you go to an attorney is because of their vast knowledge, experience and of course education.

Step 2: Your attorney wants you to be satisfied

Step 2: Your attorney wants you to be satisfied Remember the best source of advertisement is a happy client. The worse source of advertisement is an unhappy client. Although some attorneys are unsavory characters, most are generally good people, looking to do a good job. But we too are human. Tell your attorney your concerns.

Step 3: Actually consult another attorney

Step 3: Actually consult another attorney Sometimes clients say things like "we're going to get another opinion" and then chicken out at the last minute. Sometimes, they feel so guilty or ashamed that they are willing to ruin or worsen their own recovery to avoid having to go through with it. The problem is, you are still not satisfied.

Step 4: Maybe it will help to hear what another attorney might say - The second opinion

Step 4: Maybe it will help to hear what another attorney might say - The second opinion There are usually a few things that an attorney might say on a second opinion. 1) Your first attorney was right. - That's the simplest of all answers. You have a second opinion which will satisfy your needs, and you can feel comfortable continuing to use him.

Continued..

Continued... Your new attorney will work out the legal fee arrangements as well as obtain a list of any expenses/disbursements. 3) Your first attorney could be right/could be wrong - or the second attorney needs more info. - This is a grey area, but not a killer. You can provide the second attorney more information.

You're the boss

You're the boss The client is the boss of the relationship. You have the right to hire/fire your attorney at will under most circumstances. You have the right to be respected, and to be understood. You have the right to have things explained to you in English and not Legalese. As the boss there is one more thing that can be said.

LEGAL DISCLAIMER

LEGAL DISCLAIMER: THE ABOVE GUIDE AND ANY SUPPLEMENTAL GUIDES ARE NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. NO ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS GUIDE OR ANY OTHER RESPONSES THERETO. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

What is the number to call for attorney fees in New York?

For information about the program, you may call 877-FEES-137 (877-333-7137) ...

What are the rules of professional conduct in the NY Supreme Court?

As officers of the court, all attorneys are obligated to maintain the highest ethical standards. In furtherance of this obligation, attorneys are guided by a code of conduct, the NY Rules of Professional Conduct, as adopted by the Appellate Division of State Supreme Court. Attorneys who violate the law or fail to abide by this code ...

What happens if an attorney violates the law?

Attorneys who violate the law or fail to abide by this code of conduct are subject to discipline, which may include admonishment, reprimand, censure, suspension or loss of his or her license to practice law.

Why do we bring a complaint to a committee?

The committees act to resolve a complaint in a manner that is fair to both the complainant and the attorney .

Where to write to the NYS Fund?

For more information on the operations of the Fund and the filing of a claim with the Fund, you may write to the Fund at 119 Washington Avenue, Albany, New York 11210 , or call the Fund’s toll-free number, 1-800-442-FUND.

Is a complaint letter made public?

These letters are not made public, but are retained as part of the attorney’s record. The complainant is advised if action is taken. In cases of serious misconduct, the committee may refer the matter to court for action. If the court, after a hearing by a disciplinary panel or referee, decides to take disciplinary action against that attorney, ...

What are the advantages of hiring a lawyer?

Beyond legal skills, the major advantage of hiring a lawyer is the gain in objectivity: a lawyer’s job is to fight zealously on your behalf, but behind closed doors, his or her job is to counsel you on the law, not to tell you want you want to hear the way a friend or loved one might.

Can a client tie the lawyer's hands?

Yet, although not perhaps considered politically correct to say, a client can sometimes tie the lawyers hands by providing the lawyer certain info. For example, if my client tells me he pulled a gun. No.

Is a client the boss of a lawyer?

No. The client is the boss. The lawyer is obliged to follow the client’s reasonable requests and desires so long as such are not illegal or unethical. A client has no obligation to disclose anything to his or her own attorney generally speaking including any conversations with other lawyers.

Do second attorneys have to talk to you?

But the second attorney doesn’t ‘have to’ talk to you, either. There are rules about an attorney talking to a person who is represented by another attorney, and so the second attorney may insist on talking to the first attorney to get permission.