Can a lawyer give a second opinion to someone who is already represented by another lawyer?

Plain-English summary

The Committee was asked whether a lawyer may provide a "second opinion" to a person who is already represented by counsel, and answered "Yes." It framed the point as one of professional courtesy: a lawyer should avoid interfering in an ongoing attorney-client relationship, but may consult with a client who has already secured the advice of one lawyer and wants a second opinion.

The opinion concluded that, in providing the second opinion, the consulting lawyer should make every effort not to impair the first relationship and may not use the consultation as a means of soliciting the client. It added that the client's best interests are usually served by the second lawyer obtaining the client's consent to consult with the first lawyer, so that all significant facts can be taken into account.

Currency note

This opinion was issued in 1987 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer give a second opinion to someone who already has a lawyer?

A: Yes. The opinion concluded a lawyer may consult with an already-represented person who wants a second opinion, as a matter the Committee treated as permissible professional courtesy.

Q: What limits apply to giving the second opinion?

A: The opinion said the consulting lawyer should make every effort not to impair the first attorney-client relationship and may not use the consultation as a means of soliciting the client.

Q: Should the second lawyer talk to the first lawyer?

A: The opinion said the client's best interests are usually served by the second lawyer obtaining the client's consent to consult with the first lawyer, so all significant facts can be considered.

Background and rules framework

The opinion addresses the line between giving independent advice and improper solicitation under the former Code (DR 2-104). The modern analogs are Model Rule 2.1 (a lawyer's role in rendering candid, independent advice) and Model Rule 7.3 (solicitation of clients). The analysis turns on not interfering with the existing relationship and not converting the consultation into a solicitation.

Citations and references

Rules of Professional Conduct:

• DR 2-104 (former Code; solicitation)
• MR 2.1 (advisor); MR 7.3 (solicitation of clients)

Other opinions cited:

• Philadelphia Op. 80-8

See also

No sibling opinions yet indexed.

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-325.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-325
Issued: September 1987

This opinion was decided under the Code of Professional Responsibility, which
was in effect from 1971 to 1990. Lawyers should consult the current version
of the Rules of Professional Conduct and Comments, SCR 3.130 (available at
http://www.kybar.org), before relying on this opinion.

Question:

May a lawyer provide a "second opinion" to a person who is already
represented by counsel?

Answer:

Yes.

References:

Philadelphia Op. 80-8.
OPINION

As a point of professional courtesy, a lawyer should avoid interfering in an
on-going attorney-client relationship. Nevertheless, an attorney may consult with a client
who has already secured the advice of one lawyer, and wants to obtain a "second opinion".
In the course of providing such services, the consulting lawyer should make every
effort not to impair the first relationship, and may not use the consultation as a means of
soliciting the client. In addition, the best interests of the client are usually served by the
second lawyer obtaining the consent of the client to consult with the first so that all
significant facts can be taken into account.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the
Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530
(or its predecessor rule). The Rule provides that formal opinions are advisory only.