#07
During RepresentationHigh Risk
The lawyer advises you to withdraw your suit or waive your rights but gives no written reasoning
Working Against You
Why It's Dangerous
A lawyer is entitled to give professional advice, but any major recommendation — withdrawing a suit, settling, abandoning an appeal — should rest on a written legal analysis. If the lawyer only verbally urges you to give up and refuses to put an opinion in writing, the advice may not be serving your interests.
Real Case
During a second-instance appeal, a lawyer suddenly advised the client to abandon the appeal, citing "low chances of winning," but refused to provide a written legal opinion. After switching lawyers, the client won the appeal on reversal. It later emerged that the original lawyer had been in private contact with the opposing side.
* This case has been anonymized. Details have been adjusted to protect privacy.
What To Do
1
Require the lawyer to produce a written legal opinion explaining the reasoning and legal basis for recommending you give up2
If the lawyer refuses to provide a written opinion, that alone is a major warning sign3
Seek a second, independent lawyer's opinion for comparison4
Do not make a decision to waive your rights under pressure