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I need to change my W.C. attorney because in 2.5 years he has accomplished nothing. Do I owe him money? How do I pay new atty?

Menlo Park, CA |

My attorney doesn't return calls or respond to correspondence. In the last 6 months he's contacted me once. He sent a form about Medicare and didn't respond to my questions about it. I sent it back, signed, and it was 4 weeks before I got a note saying it had been forwarded to medicare. That was 3 months ago. I still can not reach him, but Medicare says there is no problem at their end. I'd like a new attorney, but what happens about the % fee? Does he get nothing because he's failed? Will it be hard to get another attorney to accept the case? What should I do since he doesn't respond to any contact?

Attorney Answers 2


Your new attorney will have to share fees with the old one. So, this may make it difficult to find a new attorney. Also, worker's compensation attorneys are very busy since they are high volume firms. Typically, they are not able to give alot of personal attention to each and every case. So, your case may be progressing as usual but you just do not know it. You can ask for an appointment with the attorney to find out the status and progress on your case. Plus I have added Worker's Comp to your tags. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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How has he failed?

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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