my attorney isnt woth a **** and I'd like another one, but sense its a workers comp case I'm basically screwed ...I feel like a dead end road...any suggestions?
2007-07-09 12:15:34 · 12 answers · asked by Mee~mOe~ 5 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
find another lawyer who WILL take over an already open case. write to your current lawyer tell him/her "you are fired."
you can get your file back but will probably be charged a fee for each piece of paper copied. however, there is something called "quantum meruit." what it means to you is that your fired lawyer will be entitled to the value of the service rendered. your new lawyer will know how much. most states have statutes limiting the amount of legal fees that can be taken from a person in workers comp cases. in florida it is 25% of the recovery.
good luck!
2007-07-14 06:47:50 · answer #1 · answered by Steven G 1 · 0⤊ 0⤋
While you have a right to select the attorney you want, you may want to rethink things. First, if you have signed an agreement with the attorney, you are probably liable to pay him/her for the legitimate work done on your behalf.
Second you need to figure out what exactly you mean by saying the attorney is not worth ***. Is it that your case is not moving fast enough? Workers comp cases are scheduled and run by a state agency, your attorney cannot force it to go faster. Is it that your attorney has not gotten you a settlement? Again we come to the rules of a workers comp case, in most states once a formal workers comp complaint is filed the employer will wait until a ruling is made by the judges. Is it that you feel your attorney is charging too much? In most states what an attorney can get from a workers comp case is regulated by the law.
Another issue, many attorneys will refuse to take cases where another attorney has worked on the case. When one attorney writes the complaint, then the next goes to court, that the second attorney is bound by the first attorney's analysis as written in the complaint. It is more work for the second attorney and it can become a malpractice problem. Anytime a person wants to change attorneys they need to see if there is another attorney who will take the case over. You also may incurr more charges because attorney #2 may charge for a consultation.
While you should follow the other posters advice if your attorney is doing something unethical, why not go to your current attorney and give him/her an opportunity to explain what is going on and fix what they can. At least give this person a chance to address your concerns.
Good luck.
2007-07-10 06:09:09 · answer #2 · answered by CatLaw 6 · 0⤊ 0⤋
Some good advice here.
You might first examine whether having an attorney on a workers comp case is a requirement. You may quickly answer that it is.
But consider the size of your possible settlement, then divide that by 33.3% (his fee) . That amount is what will guide the attorney as to how much time he can justify spending on the case, at a couple hundred and hour or whatever he charges.
You are up against an insurance company, who knows how to scare the sht out of you. Often, companies like Unum (at least in the past) will simply write you a letter telling you your case has been evaluated and your payments will stop.
That can be simply a test of your fortitude. Many people fold when they get a letter like that. I believe the law requires the company to offer you an appeal process -- which can be long and arduous. Whether or not you have a lawyer, you have to hang in there. They will send you to their specialists, who will try to trap you into some admission or other -- preexisting condition, varying symptoms, challenging causes, etc. When you're there, say as little as possible.
You can also appeal to the state regulatory body that oversees this company.
2007-07-10 05:25:36 · answer #3 · answered by jackbutler5555 5 · 0⤊ 1⤋
If I were you, I'd go see another attorney and speak with him/her and explain the position you're in. See if he/she wants to take the case over. IF he/she is willing then contact your attorney and let him/her know that their services will no longer be needed and he/she can turn all the documents over to you or the new attorney taking the case over.
2007-07-09 14:39:31 · answer #4 · answered by GRUMPY 7 · 1⤊ 0⤋
You are not burdened with an attorney.....he/she works for you, not vice-versa. Do research, hire a new attorney, he/she will request the accumulated documents, which must be turned over in its entirety, and kindly dismiss the other one....with a check to cover services rendered, because - ultimately - that's what he/she will want, more than a smile & a handshake!
2007-07-09 12:28:44 · answer #5 · answered by Zombie Birdhouse 7 · 3⤊ 0⤋
Tell him he's not going to work out as your attorney, and ask for your records to pass on to your next attorney. They belong to you, if you paid your lawyer to work for you. Otherwise, yeah, you might just be screwed. Good Luck
hugs
2007-07-10 05:24:56 · answer #6 · answered by Linda B 6 · 1⤊ 0⤋
Experience: If your current attorney is not doing his job well, or if their performance is substandard, your new attorney will be able to guide you. It's possible, you may have to file suit against the 1st attorney. But like I said, your new attorney will be able to guide you through the process.
2007-07-09 12:25:38 · answer #7 · answered by ggraves1724 7 · 2⤊ 0⤋
You can find another attorney and when you do then your new attorney sends your old one a "transfer of attorney" (something like that) paper...
If you are having huge issues you should contact your local Bar Association.
2007-07-09 12:19:51 · answer #8 · answered by Anonymous · 8⤊ 0⤋
Have your new attorney handle the fire'n. the old one will still get some part of your settlement anyway good luck
2007-07-09 13:05:58 · answer #9 · answered by guzznos 3 · 1⤊ 0⤋
Tell him you have a personality sexual conflit with him and want a woman to represent you. Ask him for a suggestion.
2007-07-09 14:01:32 · answer #10 · answered by Anonymous · 1⤊ 0⤋