The Attorney I have handling a workers comp case for me sometimes goes for periods without keeping me up to date, I have at least 25 to 30 letters for hearings w/Commissioner, but nothing gets resolved, I call the Attorney only to find, the other side always wants some other/more information. Now I thought they had everything they needed last Sept. 2015 and would finally settle and hear from Attorney on Dec. 2015. Finally I called him in March 2016 . I know he is busy, I am not his only client and he has another occupation as a judge. Sometime months go by and I'm the one to call and see what's going on. But this time I blew up at him via a return phone message, after he left a message for me stating the other side wants more information from my general practitioner. I guess I blew up because he did send a letter to me to contact him for an upcoming hearing and I tried (2 messages over 2 weeks) to but he never called me back! And on the day of the hearing I learn that this form needed to be signed before the hearing for the hearing.
Your situation poses two questions. The first is your belief that your attorney is not responding promptly to your inquiries. This is something you need to sit down with your attorney to discuss since your confidence in his or her ability to properly represent you seems in question. Yes an attorney can be very busy, however, that will not excuse responding to your inquires in a prompt manner. Right now your attorney knows your case better than anybody else so do what you can to speak face to face with your attorney and "clear the air" so to speak. If you still cannot get satisfaction you are always free to find new counsel, although this should be considered your last step.
The second part of your question deals with inquires from the workers' compensation carrier regarding your medical condition. Not knowing anything about your case I cannot comment on the appropriateness of their requests. Workers' compensation cases can be complex and medical issues not always responded to clearly by the very physicians that our treating you. So inquires are common and may be time consuming. When you sit down with your attorney ask him why he or she thinks the medical questions continue. You always have the right to request your attorney seek an informal hearing before the Commissioner if you suspect undue delay in the proper administration of your case by the workers; compensation carrier.
I find that many clients have unrealistic expectations about how quickly their case should go or how much their attorney can speak with them when there is no news. Having said this, it also seems like you should be in contact with your lawyer every month or at least a staff person. This is not a hard and fast rule but if he has staff, they should be able to update you on your case.
You need to make an appointment with your attorney and sit down with him and speak face to face and tell him, in no uncertain terms, what your concerns are.
If you are not satisfied after this meeting, then go find another attorney. You are not 'married' to this attorney.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
1. Your attorney has hundreds of cases. Not only are you not his only client, but answering questions about status updates has nothing to do with helping your case proceed. He should be directing you to call his paralegal instead of him, because a paralegal can answer questions like "what's going on with my case". You can't force a settlement of a case. There must be an agreement.
2. Perhaps you should sit down with your lawyer and he can explain to you what "attorney work" is and what "staff work" is. Otherwise what if all of his clients kept calling him over and over? Law firms divide up work between attorneys and staff to maximize the benefit and use of their time.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
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