You can always get a new attorney, but any fees ultimately recovered will be allocated between the two attorneys based on what they did. Be aware that lawsuits to take time, and your attorney's advice sounds correct. Also, while you are certainly correct that you are entitled to communication with your attorney, you need to understand that attorneys will notify you when something is happening or is needed. You can't make things happen any faster just by calling and asking if they are happening. I would suggest you make an appointment with your attorney and go over all your concerns at once.
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You can definitely change Attorneys, but all Attorneys split the same Contingency fee.
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.
A few things. (1) I NEVER let my clients give the the carrier a recorded statement as they are not entitled to them, they rarely help and typically it is just another thing they may try to use against you later on. (2) Companies also don't generally base whether they are going to offer light duty on whether you have an attorney or not. (3) You shouldn't be paying co-pays to anybody if Gallagher Bassett is covering your injuries unless you are already at Maximum Medical Improvement.
With regard to the fee, the lawyer has filed a Petition for Benefits on your behalf. Not saying this lawyer is doing a good job or he isn't BUT it is a terribly slow system which is frustrating. There is very little that can be done to alter those timeframes. For example, if a hearing becomes necessary it takes up to SEVEN months to get one. The first contributor is wrong about the fee though. Since July 2009, fees are based solely on benefits obtained. If your attorney has not obtained benefits for you, you may not owe a fee unless the outstanding Petition for Benefits subsequently results in benefits being obtained....
You can hire another attorney. You cannot fire this current attorney and hope not to pay a fee because of the failure to respond. If the attorney has taken the correct legal steps, he would be entitled to a fee based on the value of the services provided. This would be determined by a Judge at the appropriate time.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505