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Need to file a writ for Workman Compensation

Stockton, CA |

I agreed to hire an Admin Law Attorney for 15 that convinced me to be her first Workman Comp client. I have Three QME reports that agree to my injury and I have other doctors that do as well. The attorney filed my request for reconsideration in 35 days instead of 20 and it was denied due to untimely filing. I now have to do a Writ i to get my case heard. The attorney has agreed not to charge me because she messed up my case but that really doesn't help me now.I need an attorney to file a writ for me and can place a lien against my case
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Attorney Answers 3


  1. If your administrative law attorney missed the statute for filing the Petition for Reconsideration, filing a Petition for Writ may well be useless. Instead, you may want to be looking for a good legal malpractice attorney. Of course, there are a lot more facts necessary to understand everything that's going on here.

    Please be sure to vote for best answer.


  2. Perhaps you need to be looking for the lawyer's malpractice insurance policy.

    Moral of the story: Lawyers have to start their practice at the beginning and some client is going to be first, but the client has a choice and does not have to choose to be the lawyer's first client in a new area of law.

    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.


  3. An attorney in California is ethically precluded from practicing beyond level of competence: see http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3110.aspx
    "(C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required."

    There is also the question of legal malpractice. It saddens me that this attorney did not avail herself of mentoring help.

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