Litigation second opinions
A fresh, independent assessment of a dispute that has stalled, escalated or become more expensive than it should be — before you commit further cost to it.
When a second opinion is worth having
A second opinion isn’t a complaint about your solicitors. It’s a check on the strategy: whether the right issues are being pursued, whether the evidence supports the claim or defence, what the realistic outcome is, and whether there’s a quicker or cheaper route to the same result.
It’s usually worth considering where a dispute has run longer than expected, where costs are rising faster than the value at stake, where you’re being pressed towards a settlement you don’t understand, or where a hearing or deadline is approaching and the position still feels unclear.
We don’t take over conduct of your case for this exercise. You get a written view of the issues, the risks and the options, which you can use with your existing advisers, with counsel, or on your own.
The decision it helps you make
A second opinion is only worth having if it lets you decide something. In practice it comes down to one of four:
Continue
The strategy is sound and the position is stronger than it felt. Keep going as you are.
Settle
The realistic outcome is clear enough to make a negotiated resolution the better use of money.
Change the strategy
The wrong issues are being pursued, or the evidence being gathered is not the evidence that matters.
Investigate further
A point cannot be assessed on the papers available and needs a specific step before more money is spent.
What you receive is a written opinion, in this order:
- —the issues that decide the case, and why the others do not;
- —the evidence for and against your position, and what is missing;
- —the strengths and weaknesses, stated plainly rather than diplomatically;
- —the realistic range of outcomes, and what each route from here would cost;
- —our recommendation, and what to ask for next — from your solicitors, from counsel, or from the other side.
It is a document you can put in front of the solicitors or counsel already advising you, or keep and rely on yourself.
What the opinion does not cover
How a second opinion works
Two stages. The first is free, so you can see whether the second is worth paying for.
Stage one
Free initial review of your case
Send us a written case summary and up to 50 pages of the key documents — the claim or defence, the pleaded issues, the key correspondence and any order or timetable that matters.
We read them, tell you whether a second opinion would actually help, what we think the decisive issues are, and what a review would cost. There’s no charge for this and no obligation to go further.
Stage two
Detailed paid second opinion
The paid stage is the written opinion described above, produced from the documents and information supplied within the scope agreed with you. It is intended to stand on its own: something you can rely on within its stated scope and qualifications, and put in front of the solicitors or counsel already advising you.
When it arrives. We confirm a delivery date in writing once we have seen the papers and agreed the scope. Ordinarily the opinion follows within ten working days of receiving the agreed papers and the fee. Where the matter needs longer — a large bundle, several pleaded issues or documents still to come — we tell you the date before you pay, not after. If a hearing or deadline is approaching, say so at the outset and we will tell you honestly whether the timetable can be met.
No analysis can promise to be complete or completely comprehensive. Its conclusions depend on the papers and information available. We explain material assumptions, missing information and points requiring further investigation or specialist advice, so you can understand the basis and limits of the opinion.
The scope and fee are agreed in writing, and the fee is paid in advance, before the paid review begins. The 50-page allowance applies to the free initial stage; the papers to be considered for the paid opinion are agreed with you in advance. Giving a second opinion does not itself transfer conduct of the proceedings to Talk Legal.
How fees are set is explained in How our prices work.
Your documents and confidentiality
We understand that asking for a second opinion may involve sharing highly confidential and commercially sensitive information.
You may be sending us contracts, court documents, correspondence with solicitors, financial information, witness statements or other private material.
We take that responsibility seriously.
Although Talk Legal isn’t regulated by the Solicitors Regulation Authority, we undertake to treat documents and information supplied to us in confidence.
We’ll not disclose your confidential information to unrelated third parties without your consent, except where disclosure is required or permitted by law, or is reasonably necessary for the provision and secure administration of our services in accordance with our terms and privacy policy.
We’ll take appropriate technical and organisational measures to protect your information against unauthorised access, loss or disclosure.
Our contractual confidentiality commitment
We’re willing to accept contractual responsibility for breaches of our confidentiality obligations.
Under our terms of engagement, Talk Legal’s liability for a proven breach of its contractual confidentiality obligations is limited to a maximum aggregate amount of £5,000 per client engagement, to the extent permitted by law.
This is a maximum liability limit, not an automatic compensation payment. Any compensation payable will depend on the circumstances, the applicable law and any loss or damage established.
The limit doesn’t apply where the law prohibits liability from being excluded or restricted, and it doesn’t remove any rights or remedies that can’t lawfully be limited.
This limit forms part of our terms of engagement and applies to each client engagement. It operates alongside the other caps in our disclaimer, which apply in aggregate to the same matter.
Confidentiality and legal privilege are different
Our confidentiality undertaking is separate from the rules concerning legal professional privilege.
Because Talk Legal isn’t an authorised legal practice, communications with us don’t ordinarily attract legal advice privilege merely because we provide legal analysis.
However, litigation privilege may apply to confidential communications or reports prepared for the dominant purpose of conducting adversarial litigation which is underway or reasonably contemplated, where the applicable legal requirements are satisfied.
Litigation privilege isn’t automatic, and we can’t guarantee that any particular communication or document will be privileged.
If you’re concerned about preserving privilege, we recommend discussing the proposed disclosure of documents with your instructed solicitors before sending them to us.
Your peace of mind
Our aim is to make it possible for you to obtain a fresh perspective on your case with confidence that your information will be handled responsibly.
We want you to feel comfortable asking difficult questions, sharing relevant documents and obtaining an independent assessment without unnecessarily compromising the confidentiality of your affairs.
Where to read the detail
Ask for a second opinion
Tell us the decision you want reviewed, send a short summary of the dispute and up to 50 pages of key documents for the free initial review. Nothing is chargeable unless you accept written terms first.
Documents are uploaded to private storage, not a public link. Please send copies, not originals.