Legal Question in Personal Injury in Illinois

Can I fire my attorney (Personal Injury)

My attorney is (supposedly) working on my Workman's Comp case. I call over and over, without any responses. After a couple of nasty faxes to him, he calls. Apologizes, says it was mis communication and here is my email address. Now, he doesn't answer email. Can I fire him for not keeping me informed? I had a hearing scheduled this week, never informed of the date, but this week. Don't know if it was Monday or Today. Ridiculous, according to Illinois, an attorney must keep his client reasonably informed of their case. I have only spoken with him three times since Oct 08. Please him, and if I can fire him, can the law firm transfer my file elsewhere and will I have to pay them now for supposed hours worked or is that out of a settlement. Thanks for your time.


Asked on 1/23/09, 2:42 pm

3 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Can I fire my attorney (Personal Injury)

You have spoken with your attorney 3 times since October 2008 and you do not think that is enough? And you have been sending emails and have been calling him all the while? No wonder he is not returning your calls and/or your emails.

Reasonable, in my book is once every 3-4 months status request which will be answered in detail and in writing. The attorney has already been way too nice with you. Were it me, I would have fired you long ago.

To answer your question, you may change your lawyer at any time for any reason.

Good luck-

Nima taradji

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Answered on 1/23/09, 2:58 pm
Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Re: Can I fire my attorney (Personal Injury)

Yes, you can hire/fire an attorney at any time. When you hire a new attorney, he/she will work out the fees with your old attorney. Under IWCC rules, fees are to be distributed based on the amount of time an attorney has put into the case. But again, the attorneys generally work this out.

I would recommend you sending a letter to your attorney in the mail if you are considering firing him. After you have done that, feel free to contact a new lawyer. If your IWCC case has already been filed, the new lawyer will draft a document called a Substituion of Attorneys. You will sign this indicating you want the new lawyer to come in and the old lawyer out. Both lawyers have to sign as well.

The lawyer should give you your file ocntents even if you fire him/her. However, many times, they have paid expenses and might wish to be reimbursed those expense before giving you the file. Your new attorney may agree to reimburse the old attorney for these expenses so that he/she can get the file and work on your case.

I'm happy to work with you if you like. Should you need assistance, do not hesitate to contact me at the information provided in this website. I do pledege to return e-mails and calls within 24 hours. I offer a free consultation as well. Good luck.

Jason Marker

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Answered on 1/23/09, 3:16 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Can I fire my attorney (Personal Injury)

You have an absolute right to fire your attorney at any time regardless of whether you are in Illinois or Indiana. I can not tell from your posting which state you are in and need to know that as each state has different rules regarding at least one of your questions.

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Answered on 1/24/09, 1:35 am


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