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?

Asked about 2 years ago - 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)

  1. Frederick Joseph Sette

    Contributor Level 12

    21

    Lawyers agree

    Answered . 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.

  2. Daniel Nelson Deasy

    Contributor Level 20

    22

    Lawyers agree

    Answered . 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.... more
  3. Jeffrey Travis Roberts

    Contributor Level 9

    20

    Lawyers agree

    Answered . 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.

  4. Charles Gregory Schierer

    Contributor Level 12

    20

    Lawyers agree

    Answered . 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... more
  5. George Ellis Corson IV

    Contributor Level 20

    17

    Lawyers agree

    Answered . 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.
  6. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . 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.... more
  7. Marc Lazarus

    Contributor Level 14

    15

    Lawyers agree

    Answered . 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.

  8. Randy William Ferguson

    Contributor Level 19

    16

    Lawyers agree

    Answered . 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... more
  9. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    14

    Lawyers agree

    Answered . 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.

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