Try email, try reaching a secretary or a law partner to explain the urgency of the situation. If all else fails, seek a second opinion from another workers comp lawyer.
David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.
Probably the best would be to find another attorney at this point.
Herbert Tan, Esq.
The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)
305 Broadway, 14th Floor
New York, New York 10007
Member of National Employment Lawyers Association (NELA)
I've shared your question with Avvo's workers' compensation law forum, where your question may be seen by more attorneys who practice in this area of the law.
Keep calling. Be polite but persistent. Workers' compensation attorneys usually have hundreds of clients, due to the nature of this area of law, and they must carefully distribute their time. However, your situation is important and unusual, and should receive priority from your attorney.
Send another fax with the words "URGENT - RESPONSE NEEDED IMMEDIATELY" in big letters at the top.
I hope you can resolve your situation and wish you the best.
twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
California Business and Professions Code section 6068 provides as follows: "It is the duty of an attorney...(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services."
California Rules of Professional Conduct Rule 3-500 similarly provides as follows: "A member shall keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed."
Based on the above statutory authority, your attorney is either violating or is very close to violating the letter and spirit of the law. You may wish to include a quotation of these authorities in your next fax/letter/email demanding a return call. If you believe a violation has already occurred, you can report this attorney to the State Bar. To do so you may access the following web link. http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.