Skip to main content

If I want to fire my workman comp attorney because I dont feel like he is doing anything for my case will I have to pay him?

San Diego, CA |

I hired him because i didnt feel like my first attorney was doing anything for me. When I called the current attorney he states in his web site that he is aggressive. I fail to see where he has been aggressive at all in my case seeing how I feel this case should have been settled two months ago. Now I am continplating firing him becasue I dont see where he is doing anything more than the last attorney was doing.

Attorney Answers 9

Posted

Your fee agreement defines the financial relationship you have your current attorney.

That said, sit down with the attorney and ask for some explanations. Many times, clients get frustrated with the pereption that there is no progress when in reality, we work ina very slow justics system and the lack of activity is really no one's fault. You should know that your post seems to indicate this is at a minimum, your second attorney. Others may shy away from representing you because you have changed a couple of times.

Best of luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Mark as helpful

22 lawyers agree

Posted

Your contract determines if you owe anything. Be very careful changing attorneys too often in a case.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

Mark as helpful

16 lawyers agree

Posted

based on the fact you've already dismissed one attorney due to your perception that attorney wasn't doing enough for you, and now want to do so again, I suggest rather you sit down with your current attorney and get a better understanding of the process. Although you feel your case should have been settled two months ago that may not be accurate.

Mark as helpful

21 lawyers agree

Posted

Check your contract. He might have a claim to a portion of the 20% fee your new lawyer will get. Your old lawyer and your new lawyer will need to work that out or the Commission will have a hearing for that. Good luck.

www.srtriallawyers.com

Charles Schierer
1-312-888-5832

www.srtriallawyers.com. You may hire our firm by calling 1-312-888-5832. Personal Injury cases on a contingency fee basis. If we are unable to collect money for you, then you pay nothing. This answer is only general information, is not "legal advice" and does not create an attorney-client relationship. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.

Mark as helpful

20 lawyers agree

Posted

Before you go changing lawyers again, I highly recommend you send a written note to your current attorney in which you gently express concern for status of the case and ask for a phone call to discuss where the case presently stands. It is very difficult for everyone involved to lawyer-jump, as everyone has to get up to speed on the case.

Mark as helpful

20 lawyers agree

1 comment

Asker

Posted

It's impossible to change for a 3rd time, I have tried. My case is 14 years old, I have one change of attorney with my present attorney having 12 years in. Do you think that 12 years is normal for a non contested case where the applicant has seen 4 AME's but the present attorney does nothing to resolve the case. I was offered $412 4 years ago to but my attorney told me not to accept it because she requested $900k.

Posted

Try to work this out with your attorney. Please recognize that every time you “change” attorneys, there is less money for any successor attorney which makes your case infinitely less attractive.

If this information has been helpful, please indicate by clicking the up icon. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

Mark as helpful

18 lawyers agree

Posted

There is a difficulty is finding a third attorney to take over a workers' compensation case. The first two attorneys will have liens for their services. As such, anyone considering being the attorney will have to do so knowing that he/she will be doing so at a greatly discounted rate on an already limited contingency fee set by the Labor Code. I agree with those who say try to establish better communication with your current attorney; however, if that does not work, then perhaps you may want to consider calling other workers' compensation lawfirms to discuss your case further.

Mark as helpful

15 lawyers agree

Posted

ALL your attorneys have to split the same 15% Fee. The more you hire/fire, the less the next attorney KNOWS he is going to get. In my opinion, Attorneys are like marriages: anyone can make a mistake once, but after 3 or 4 failures it might say more about your expectations than their compatibility.

Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

Mark as helpful

17 lawyers agree

6 comments

Asker

Posted

Not always true, I did a substitution of attorney 12 years ago and I'm still waiting to close my case, I am also waiting for my attorney to file an expedited hearing which she promised to do 2 years ago. Based on your comments it's my fault my attorney is worthless?

George Ellis Corson IV

George Ellis Corson IV

Posted

No, but I think we can agree that it is your fault you hired a worthless Attorney the second time around.

Asker

Posted

That is the most obtuse response I have ever heard. How does anyone know who is going to be worthless. I guess when your doctor kills one of your family members it will be your fault, jerk.

Asker

Posted

I'm going to make you famous by posing your incredibly ignorant comment on several web sites. I'm anxious to see what people think of an @$$hat like you. Incredible.

Asker

Posted

If I would have had any warning that my attorney was worthless I would have payed attention. A comment like the one you just made would have been waring enough.

Asker

Posted

"Warning"

Posted

I used to work with a brilliant old lawyer who started practicing law several years before I was even born. He had a rule he never broke, and he taught it to me: Never, ever, be the third lawyer on a case if the client had fired the first two.

This old gentleman had learned the hard way over the years that as the third lawyer, you will not be able to satisfy the client, because, quite frankly, it is the client, and not the first two lawyers, who is creating the problems in the attorney - client relationship.

Many attorneys feel this way so be very careful about trying to obtain lawyer #3.

Mark as helpful

14 lawyers agree

2 comments

Asker

Posted

I learned something on my own many years years ago.many times both number 1 and number 2 attorneys don't do their jobs and attorneys are oblivious to this fact.

Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Posted

You have to choose your lawyer carefully in the beginning. And your assertion that your lawyer is not doing his job is not especially persuasive, as you have not given us any specifics with which to assess your opinion.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics