I don't know. Personally I feel the same as your lawyer, and perhaps there's not much gain in PPing the RFE, since you have already waited for the first response, and the IO to review the RFE might have already got some prejudice on this case. The only compelling reason that I can think of to PP an RFE is that you can' t wait for three months to get a response. If so, PP. If you can wait for three more months, there's no need to PP.