• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Should I fire my attorney?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? CA

I'm in the tail end of a 6 year workers comp injury. I've had 3 surgeries, and at this point have been told that nothing else can be done. I hope to start voc rehab in September, but cannot reach my attorney to find out what is going on.

In February 2004 I had to go see a specialist. I didn't think much of it as the comp company has sent me to see specialist in the past. When I got there I found out that my attorney had set up the meeting with this specialist for a QME report. The doctor got mad at me since he had a list of things he was supposed to find wrong with me and my symptoms were not exactly what he was hoping for. Needless to say, when I returned home I called my attorney. I asked why he had sent me to a QME when (at that time) I was still to have a final surgery and my treatment was not complete. I actually have only spoken to my attorney 1 time; it's his legal secretary that seems to handle everything. She told me that the comp company wants to settle and start voc rehab - but that they are fighting it because they want to "stretch this out as long as they can". I asked her why they are fighting it since this is what I would like to do as well. She told me that I just don't understand how things work and that we would be going to court in August. I now have received a letter from the comp company with a date in September for a "mandatory hearing". I've left numerous messages for my attorney to find out what is going on and have not received any calls back. The longer I deal with this attorney the more crooked he seems to be. Can I fire him and get a new attorney?
 


Beth3

Senior Member
You hired him, you can fire him. Before you do that, I suggest you contact some other WC attornies and meet with them to make sure you can find someone who will take your claim on at this stage and that you engage an attorney you're comfortable with and who meets your expectations. In other words, make sure you establish a new attorney-client relationship before severing this one.
 
What about the settelment?

Will the original attorney (the one I plan to fire after finding a new one) be entitled to any of the settlement monies?
 

Beth3

Senior Member
I'm sure he will. You do still have to pay him. You should discuss how that will work with your new attorney when you locate one.
 

ellencee

Senior Member
Jenni_Pooh2
You may be able to resolve this issue without changing attorneys, which can be a setback rather than a move forward. Contact your state's Worker's Compensation Board. As I am not an attorney, I am not sure how to state the relationship between an attorney who represents a WC client and the WC Board, but there is a 'contractural' obligation that the attorney must meet or face consequences from the WC Board.

You may find this site useful and its parent site listed second:

http://www.workerscompensation.com/california/quickfacts/glance.htm
http://www.workerscompensation.com/

(the deleted part didn't apply to this poster--geez--Home Guru, JETX, IAAL--you guys were just going to let me keep on looking like a fool?!)

Best wishes,
EC
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top