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Information for Attorneys


iStock_000001694940Small.jpgEvery defense attorney has gotten calls from concerned defendants. “My attorney wants me to take a plea, but I want to take the case to trial – what should I do?” Or perhaps the defendant will tell you: “They didn’t even have a warrant, but my attorney says there’s nothing I can do about it – how can that be right?” Or a defendant will say that everyone else in the jail says he should have a Rasmussen hearing, but his attorney refuses to file the motion.

What if it is your client making these calls? Or your client makes it clear that he does not believe your analysis because his sister, who is corporate counsel in Tennessee, says there is no way what happened to him was constitutional. Or his uncle, a retired state trooper from North Dakota, says that’s not how things are done.

Under the Rules of Professional Conduct, a lawyer may consult with a client who is seeking a second opinion without first seeking permission from the client’s current lawyer. See Rule 4.2, cmt. 4; Low v. Fahle, 403 F.3d 558, 565 (8th Cir. 2005).

Now, your clients have that option. For substantially less than the cost of retaining new counsel, your client can get an independent legal analysis from the experienced defense attorneys at F. Clayton Tyler, P.A. The peace of mind provided by a Second Opinion may be exactly what is needed to restore trust and rebuild the relationship so you can continue representation.

Why would I want my client to get a Second Opinion?

Our perspective is that everyone benefits when your client gets a second review of the issues which are troubling him or her. We will provide a fresh, independent analysis of the evidence and issues in the case. We want to empower your client to have more productive, realistic conversations with you about his or her options.

We will advise the client regarding what we believe the options are, but we will not tell them what they (or you) should do. We respect your role as the client’s legal representative, and will defer to your position and relationship with the client.

What if your analysis differs from mine?

It is possible we will have a slightly different take on the case than you do. We hope you will discuss any differences with your client. Ultimately, the client will need, with your assistance, to determine how to move forward. If the client consents, we are certainly happy to discuss the case and our analysis with you directly, and are open to revising our analysis if warranted – especially if there are facts the client omitted to tell us.

Are you going to steal my clients?

Absolutely not. If a client has private counsel when they come to us, we will not take over representation on the case.

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