Expert: Richard Hixenbaugh - 7/3/2010

Question
Question:  Can I get another attorney to review my case before I agree to settle?  Will this cost an arm and a leg?  Can my attorney refuse?  It has been one year and 5 months since my accident.  I have been emailing you with questions for the whole time.  You have provided me with a plethora of information on Personal Injury issues. I like to call them "What If questions".  I must say I am not impressed with my attorney and I have not built up a relationship of trust.  I will be discussing settlement of my case with him next week and because of your due diligence with answering my general questions I am ready for that discussion.  When I asked my attorney if they had done an assets check he almost choked and said that it had not yet been done but he will order one.  My attorney assumed that this would be a policy limits issue because of where the accident occurred and the parties involved. I also learned from asking questions on your site about UIM rights as a passenger and UIM stacking and non-stacking states.  My attorney's mouth dropped open. I recommend to anyone who suffers a personal injury and involved in litigation to be smart about the process.  Ask questions, do your research.  Knowledge is power.

Answer
Hi Vanessa,

Thank you very muh for your kind words.

I'm not sure how a legal second opinion would work. You are under contract with your attorney who will be paid a percentage of the settlement amount when your case settles. Another attorney would likely have to be paid hourly to review your case. Also your current attorney may not be willing to provide his work product to another attorney for review.

I think you are doing the right thing by conducting your own research and asking questions. The more informed you are and the moore questions you ask your attorney, the better off you will be.

Of course if you are not getting the right answers or if your attorney drops the ball, you can always fire him and then get another one.

I hope this helps
Richard Hixenbaugh