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I have a workers comp case. My attorney offered to loan money for the insurance lack of continued payments.

Gurnee, IL |

My attorney offered to lend 2K in return for 4K repayment. Is this commonly practiced? He refuses to file against the insurance co in workers comp court. He’s states he knows supervisors n the problem will be no more. Numerous x they haven’t paid benefits. This guy is a partner in the firm. I don’t want to have a lien put on my case by firing this guy. Or should I contact the owner of the firm?

Attorney Answers 9

  1. Best answer

    All lawyers have a duty to avoid a limitation on independent professional judgment. Loaning money to a client clearly impairs such judgment. The attorney has placed a loan to you in the way of zealously and independently representing your best interests. Return the money (or whatever is left) and get a new lawyer. Keep proof of the loan (deposit slip, receipt you signed, etc....). Good luck. Make sure to vote for best answer here.

  2. This is unethical. We attorneys can advance case costs but we should not loan money especially at mob rates!

    Get a new, ethical, and competent attorney immediately.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  3. An attorney should not be lending money to their client. This is not commonly practiced. When a claim is filed in workers' compensation, it is against the employer. If the employer has workers' compensation insurance (which is required by law in Illinois), the employer will then refer the claim out to that insurance company. The attorney for the injured employee will then communicate with the workers' compensation insurance company.

  4. I agree with the other attorneys here. This is highly unethical in my state as well and would cause me considerable problems if I did this for a client. we can advance costs like payment for drs reports or medical records, but that is all.

  5. Very unethical and this is not common practice at all. Something is fishy there. I would recommend you seek an experienced workers' compensation attorney quickly - such as the ones found on this site.

    Good luck,

  6. You misunderstand:

    1. Your attorney CANNOT lend you a penny. If he did make this offer, contact the ARDC.
    2. He MUST have filed a case in the Commission or there would be nothing to "settle."
    3. You need to talk to your attorney, in person, ASAP. If English is not your first language, take a friend or relative. You have a duty to understand what is going on with your file and your attorney has a duty to make his plan of action as clear as possible.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

  7. If you have correctly understood what the attorney was in fact offerng to do, as indicated in your question, this is VERY concerning. I would agree with my brethren here that it is uncommon to say the least. Had the event transpired and the loan made by attorney to client on an active case, it would appear to be a violation of Rule 5-103 of the Illinois Code of Professional Responsibility. Please go to an IL licensed attorney ASAP. Regretfully, this may be a case where you need not only replacement counsel, but maybe a sit down with a bar investigator from the IARDC . For additional information, go to: Best of luck to you. Charlie

  8. Your attorney is certainly playing with fire. It is without question unethical for your attorney to loan you money, period. And, to make matters worse, he is charging you an interest rate that would make Satan blush.

  9. Your attorney cannot loan you money. Further, you should fire this law firm and hire an ethical lawyer who will actually file your claim. Please keep in mind that you do not have an unlimited amount of time to file a workers' compensation claim in Illinois.

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