A second or third opinion can provide valuable validation of a recommended course of action, can open new possibilities, can prevent undermining, and educate clients.
Business Judgement Rule
Mollify The Intent To Minimize Penalties And Other Downside Risks Of A Contrary Opinion And A Standard What A Reasonable Person Does
Traditionally, independent legal opinions (ILOs) are only sought in high dollar matters or where liability is being spread across large organizational players in a transaction. Most legal opinions are qualified, disclaimed or strictly limited to the exact facts because of the fear of post opinion lawsuits.
The legal profession makes it difficult for lawyers to render ILO's or second opinions because rules of professional conduct encourage lawyers to promote other lawyers, not appropriate business and to maintain the sanctity of the profession and thus, avoid fraternal conflicts. However, independent legal opinions can serve a very valuable function to consumers of legal services. Zacks Law ILO service is predicated upon serving as an independent source of legal evaluation and does not involve any representation of the client except to grant the opinion. Zacks Law will not undertake the representation or become engaged in the dispute as an advocate on behalf of the client except as permitted by the ILO engagement agreement.
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