Change of Representation & Second Opinions · Legal briefing
Second Legal Opinions During Litigation
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
Proceedings have lasted years and the strategy is unclear. May you consult another lawyer?
The legal position
A client may seek another opinion. Distinguish limited advice from taking over an existing matter. Professional Ethics Rule 27 addresses notice to the previous lawyer when accepting such work, without giving that lawyer a veto over the client’s choice. Conflicts, confidentiality and material access must be checked. An opinion without the full file may be incomplete and cannot justify a promised different result. Official source 1
Your next step
Define whether you seek advice or transfer. Gather the agreement, pleadings and decisions and identify approaching dates and specific questions. Arrange lawful file access without disclosing unauthorised third-party documents.