What happens when my workers compensation attorney doesn't show up to court?
I really don't know what's going on I keep calling them but no Answer
Sorry you are going through this. If you want to go nuclear, you can send him a letter, describe your experience and circumstance as you have to us, and tell him you need to hear from him or you will need to contact the State Bar. He will get back to you. All the best.
Any responses contain general information about legal matters; it does not create an attorney client relationship. The information is not advice, and should not be treated as...
If your attorney does not show up to court it could delay the resolution of your case by requiring an additional hearing. Other than possibly delaying the resolution of your case, or whatever issue the court appearance was required to address, your attorney could be sanctioned or forced to pay the insurance company's attorney fees. However, it is very rare that your attorney would show up to court without telling you. There is a chance they were there and were just too busy negotiating with the defense attorney or speaking with the judge to be able to speak to you, but is still quite out of the ordinary. Either way, if your attorney fails to show up and fails to inform you they have not shown up or are there, it might be time to start looking for another attorney. Many injured workers hire attorneys whom they rarely, if ever, get to speak with, and most of the time only deal with secretaries/paralegals who inform the injured worker they are too busy. If you have a serious injury and are not having your questions answered about the status of your case in a timely manner, I would suggest hiring a new workers' compensation attorney. All it takes is a signature on a couple simple forms, and it does not affect the amount of any settlement you would receive. Almost all of us workers compensation attorneys give free consultations, and I would recommend you call and get one if this is the case.
The judge would note this, but they are required to show up for you for all your hearings. There may have been an issue about notice, but I assume if you were there, they should have been there too. If you cannot get in touch with your attorney, it may be wise to consult with someone else to adequately represent your interests. You have a right to find someone you feel will best advocate for you and your interests. You don't want an absent attorney to stay on your case because they can seriously damage your case which affects your health and life. Many of us provide free consultations.
Any responses contain general information about legal matters; it does not create an attorney client relationship. The information is not advice, and should not be treated as such. The legal information is provided “as is” without any representations or warranties, express or implied. You must not rely on any answer given as an alternative to legal advice from your own attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your own attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information contained in responses.
I should add that effects for non-appearance depends on what the hearing was for, so unless you let us know that info, we would only be able to guess what could happen with your case.
Asker
I believe it was for conference meeting for subpoenaed records
Ok. Then doesn't seem like the end of the world for your case. If it's a Subpoena Deuces Tecum, there may not have been a requirement for them to show but to comply by a certain date. I would confirm if there was an actual hearing. The judge may have issued an Order for them to comply, and if they don't comply again, then a judge would likely issue punishment. Again, I want to stress that this answer is very general, based on the limited information. Sounds like at least a meeting with your attorney is in order.
