I’ve been curious about this for a while… can a lawyer tell another person that they’re getting really bad legal advice from their attorney? Is that even allowed, or are there rules against it? Just wondering how that works when lawyers see something really wrong.
Not really, no. If the person already has a lawyer, other lawyers can’t just step in and tell them they’re getting bad advice. The lawyer would have to speak to the other lawyer, not the person directly.
@Fallon
So they can’t directly talk to the person about it? They can only talk to the other lawyer?
Hadley said:
@Fallon
So they can’t directly talk to the person about it? They can only talk to the other lawyer?
Exactly! They can explain why they think the other lawyer is wrong to that lawyer, but they can’t just go straight to the client and say ‘hey, your lawyer is giving you bad advice.’
I think it’s more about ethics. Lawyers have to be super careful with these kinds of things. If you think someone’s lawyer is doing a bad job, you’d still have to go through the right channels to address it.
@Nico
Yeah, ethics rules are a big deal. A lawyer could lose their license if they break those rules.
Zephyr said:
@Nico
Yeah, ethics rules are a big deal. A lawyer could lose their license if they break those rules.
Totally. It’s a huge no-no to mess with another lawyer’s client like that. Gotta follow the process.
I’m pretty sure lawyers can review other lawyers’ work if a client asks them to. But they can’t just randomly tell someone that their lawyer is giving bad advice unless they’re consulted for a second opinion.
@Micah
Yeah, that makes sense. The client would have to reach out to another lawyer for advice. They can’t just be told by someone else’s lawyer out of the blue.
What happens if the client contacts the opposing lawyer to ask if their own lawyer is doing a good job? Can the opposing lawyer answer them?
Mai said:
What happens if the client contacts the opposing lawyer to ask if their own lawyer is doing a good job? Can the opposing lawyer answer them?
Nope, the opposing lawyer would have to tell them they can’t discuss anything without their attorney present. They wouldn’t give any opinions on the advice they’re getting.
Mai said:
What happens if the client contacts the opposing lawyer to ask if their own lawyer is doing a good job? Can the opposing lawyer answer them?
Ahh, got it. Makes sense, I guess. The opposing lawyer could get into trouble if they said anything.
It’s probably frustrating for lawyers when they know the other attorney is giving bad advice but they can’t say anything to the client directly. I imagine winning the case would be the best way to ‘prove’ it.
@Chen
Yeah, totally. It’s like the only way to show the other lawyer was wrong is to win the case!