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The State Bar of California investigated the case regarding my penalty payment due to me for workcomp. The attorney has called

Victorville, CA |

and said for me to get a copy of the check of workcomp. settlement which was settled late, so there would be penalties. He said to give him two days and he would get back to me, that was last monday 7th January 2013 within two days. This has not happened. The attorney also said that the payment was only two days late, and said that their office did not have time to look at the case because they are now shortstaffed. They did not look at the case with regards to the penalty payment in the last 23 months either.

Please suggest what I can do, as this is dragging, and the State Bar's Letter told the attorney's to give a regular status update.

Attorney Answers 3


A LC 5814 can be alleged for "Unreasonable Delay" but the term is not a bright line. "Unreasonable Delay" gets easier as the delay gets greater, but your Attorney apparently does not think that a 2 Day breach is worth his time. Telling you "No," while not your preferred answer, IS a Status Update.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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It appears that your attorney does not think a 2 day delay in payment is unreasonable and is unwilling to pursue it. You should confirm this by asking for a face to face meeting with your attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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I'm a little confused. The State Bar is investigating the workers' comp carrier or is investigating your attorney? It is unlikely that they would be investigating workers' comp as they have no authority over it.

If the payment is now received and it was only 2 days late, it is unlikely that the State Bar will get very excited over your attorney not pursuing a penalty. It is also very unlikely that a workers' comp judge will get very excited over 2 days late.

If it's now over a week late and you still don't have your money, you can ask for a penalty and file to go to court.

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