Can I terminate my W.Comp Atty. because he will not answer general questions, he gives me NO TIME ? No service equals no fee ?

I signed a W.Comp agreement between a Attorney and myself, a month ago. I was told by his office to write down all questions for Attorney because we sometimes forget. I had 20 questions and wasnt given the time to ask one ! It appeared that the Attorney just wished to sign me up and now because of having a Attorney my job will not let me work Light Duty. I am out of work and have no income but the co-pays for drs. visits and P.Therapy keep coming in. I was given the Attornies phone # and told to message him anytime, he stating he was a TEXT ADDICT. I texted him a question and his reply was, I need TOO MUCH HAND HOLDING !!! How rude !! I just found out it could be MONTHS before a mediator or hearing. I could of still been working LIGHT DUTY, my ins. is also going to run out.

Jacksonville, FL -

Attorney Answers (4)

Heather Morcroft

Heather Morcroft

Family Law Attorney - Winter Park, FL
Answered

You can always get a new attorney, but any fees ultimately recovered will be allocated between the two attorneys based on what they did. Be aware that lawsuits to take time, and your attorney's advice sounds correct. Also, while you are certainly correct that you are entitled to communication with your attorney, you need to understand that attorneys will notify you when something is happening or is needed. You can't make things happen any faster just by calling and asking if they are happening. I would suggest you make an appointment with your attorney and go over all your concerns at once.

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Lloyd E. Solt

Lloyd E. Solt

Workers' Compensation Lawyer - Fort Myers, FL
Answered

A few things. (1) I NEVER let my clients give the the carrier a recorded statement as they are not entitled to them, they rarely help and typically it is just another thing they may try to use against you later on. (2) Companies also don't generally base whether they are going to offer light duty on whether you have an attorney or not. (3) You shouldn't be paying co-pays to anybody if Gallagher Bassett is covering your injuries unless you are already at Maximum Medical Improvement.

With regard to the fee, the lawyer has filed a Petition for Benefits on your behalf. Not saying this lawyer is doing a good job or he isn't BUT it is a terribly slow system which is frustrating. There is very little that can be done to alter those timeframes. For example, if a hearing becomes necessary it takes up to SEVEN months to get one. The first contributor is wrong about the fee though. Since July 2009, fees are based solely on benefits obtained. If your attorney has not obtained benefits for you, you may not owe a fee unless the outstanding Petition for Benefits subsequently results in benefits being obtained....

Barry A. Stein

Barry A. Stein

Workers' Compensation Lawyer - Miami, FL
Answered

You can hire another attorney. You cannot fire this current attorney and hope not to pay a fee because of the failure to respond. If the attorney has taken the correct legal steps, he would be entitled to a fee based on the value of the services provided. This would be determined by a Judge at the appropriate time.

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George Ellis Corson IV

George Ellis Corson IV

Workers' Compensation Lawyer - Orange, CA
Answered

You can definitely change Attorneys, but all Attorneys split the same Contingency fee.

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