FL Worker's Comp. deposition & mediation per attny. info. How do I obtain copy of the Court Orders? He/she did not provide them.

Asked almost 2 years ago - Youngstown, FL

Attorney states he/she will not attend either deposition or mediation. ONLY via phone. I am uncomfortable with this and have learned in this forum that the attorney must have an excellent reason for failure to attend at least the mediation. How do I challenge that decision not to be with during this serious phase of my case? Do I have any legal recourse to demand he/she attend in person rather than phone? Would the copy of the Court Order provide the reason(s) and if so, how do I obtain same? Time is of the essence as both will occur in less than 3 weeks and I was notified 72 hrs. ago.

Attorney answers (4)

  1. Dennis Alan Palso

    Pro

    Contributor Level 12

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    Answered . You need to talk to your attorney immediately. There is no court order that applies to your deposition in most cases. As to your mediation, if it is a required state mediation, as Ms. Cromley pointed out, your attorney appearing by phone can only be done with the permission of the mediator or the judge and is rarely given. There must be a very very good reason for your attorney to appear at either your deposition or the mediation by phone and not appear live. I do not know the reason why your attorney would want to do so and I will not speculate, but I cannot think of any good reason why your attorney would not appear live at your mediation and your deposition. You need to contact your attorney immediately and bring your very valid concerns to him/her and hopefully there is a good answer.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law.... more
  2. Terri Fay Cromley

    Contributor Level 6

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    Answered . If the mediation is a state mediation, they have to ask approval to attend by phone from the state mediator. Most state mediators do not allow the claimant's attorney to attend by phone, especially if the claiamnt is attending live. If it is a state mediation, you could contact the state mediator. However, if your attorney told you that with no explanation, it sounds like there is a lack of communication between you and your attorney, which may be the bigger issue.

  3. George Ellis Corson IV

    Contributor Level 20

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    Answered . You might want to consider another legal representative. If your case is unimportant to him, you should find someone who has time to show up.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your... more
  4. Jonathan Kane

    Contributor Level 4

    Answered . You can view the Court file online. Florida worker's compensation cases are handled electronically, and most Orders and legal pleadings are online.

    Go to www.jcc.state.fl.us/JCC/

    Hope that helps.

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