Legal Question in Civil Litigation in New York

You are not the first individual who has asked for a second opinion on a pending case; although rather rare. You are certainly entitled to have your file reviewed and you will be charged hourly by the reviewing attorney. I would first approach my attorney and ask if he has any qualms about someone reviewing his files and make sure you sound caring and a worry wart for you need not antagonize your trench mate. Judging from your current attorney's reaction, you may be guided about future action.

There's never any harm in getting a second opinion, but I would advise against switching attorneys mid-stream without good cause. A new attorney would have to learn the file from scratch, resulting in some duplication of efforts. If you change attorneys more than once, the judge may believe that you are merely seeking to delay the proceeding. Moreover, if you switch attorneys more than once, no established attorney will want to touch your case.

That said, it is possible to make a mistake selecting an attorney on the first attempt, and it's reasonable to want to ensure that your case is being handled correctly. It's entirely possible, and even likely that the claims you want your attorney to make are not viable because of technical issues or adverse precedent that your attorney simply has not explained clearly to you. Some attorneys take a shotgun approach, but the better approach is generally to focus on the stronger claims, as asserting tenuous claims can undercut your credibility without adding anything to your recovery.

If you'd like some quick input, feel free to call my office and I can give you a fifteen minute phone consultation free of charge. Construction litigation is my main practice area, so I know the issues. Most likely, I will simply tell you that your attorney is handling things well, but I don't mind taking a few minutes out of my day to give you my input.