Would this be considered conflict of interest if my attorney used to work for the other side?
I had an attorney that called me out of the blue and took my workers comp case. I was desperate! It appeared he was taking under his boss. He made comments a few times about how he hoped we wouldnt sue him. He wouldnt look at our records which was weird. He missed the whole issue on my case. I recently found he used to work for the employers. Is this conflict of interest?
I agree with my colleagues. I would start by using the find a lawyer tab at the top of this page to find a top rated WC lawyer near you and give a call. He can analyze your case and determine whether mistakes were made. From there, if you need another type of lawyer, he can refer you to someone he knows and trusts.
I don’t think your post describes a conflict of interest but it does describe unethical conduct and possibly professional negligence or outright incompetence. Those problems are potentially more serious to you than a conflict might be. Talk to another work comp lawyer first that you choose based on careful research into experience and credentials. Perhaps a new lawyer can get your case back on track.
This answer is intended as general information and not as specific legal advice.
There are potential concerns here.
First, attorneys are not ethically allowed to call you out of the blue to solicit your case.
The bar association may be interested to hear about that.
Second, the lawyer should look over all relevant information about your claim.
Not doing so raises questions.
Third, lawyers get paid to spot issues. Missing the whole issue is also a problem.
I recommend talking to a legal malpractice attorney.