When you need a second legal opinion

Consultations are traditional in medicine, because doctors aren't omniscient. So why assume your lawyer is?

By Brad Burg

"Yes, I've given a second legal opinion that helped a doctor avoid trouble," recalls one Midwestern estate planning lawyer. "A pediatrician and his wife consulted me, after an attorney persuaded them to leave their $2 million in assets under the probate court's control. What a mistake! The court would have handed it all to their only son, once he reached the ripe old age of 18." Instead, the second attorney persuaded them to leave everything in trust.

Why did the Midwestern lawyer request anonymity in this article? "Because I don't want to be seen as encouraging clients to seek second opinions."

She's not alone. Many attorneys told us they oppose having clients get second opinions. "I'd avoid it when a litigation or negotiation strategy is involved," says Geoffrey T. Anders, who practices in Plymouth Meeting, PA. "Bringing in a second attorney can undercut your main attorney's authority and cause confusion about which approach is best. It will also increase your fees."

Valid points—yet you may disagree. After all, as a physician, you often consult other doctors, and second opinions can be valuable in law for the same reasons. Sometimes they avoid flat-out mistakes. Even more universally, in both professions you may need to speak with several experts to find out about the options available.

Indeed, some attorneys do favor the idea. "It's not just that lawyers often handle the same legal situation very differently," says Philadelphia attorney James Lewis Griffith Sr. "Typically they won't supply much detail about alternative approaches. If you talk only to one, you might never even know all your choices."

Naturally, you might consult a second attorney when the money at stake justifies it. Even Anders agrees: "For an estate of $2 million or more, for example, a second opinion may be worth it." Also, in business deals involving much negotiation, you might want additional eyes to review the final agreement.

In addition, you should consider a second opinion when you're facing big liability, say from a lawsuit—and in particular, when medical malpractice threatens, because "your" malpractice defense attorney likely will be chosen by your insurance carrier. "Doctors concerned that their insurer's attorney isn't doing enough sometimes ask me to take over," says Griffith. "I'll say, 'If you want to retain me personally, I'll work with the other attorneys—and look over their shoulders, too.' "

In some truly routine situations, such as a mortgage refinance, a second attorney probably is overkill, because the documents are largely boilerplate. Conversely, during truly complicated negotiations, bringing another attorney in for consultations may be unwieldy. "It can be counterproductive to have to review everything with a client's Monday morning quarterback," says Gideon Rothschild, a New York attorney.