Legal Question in Workers Comp in Arizona

not happy with attorny can i fire him

I was injured in 91 wokers comp has fought me all the way I have an unscedualed injury to both my right & left shoulders along with neck & back problems. I,ve been trying to get enroled in school and trying to get my attorny to get w.c. to help with some of the cost. School starts in nov. and my attorny is just dragging his feet. I told him about this 3 months ago and he just got around to calling on it today. He said I can get a 1 time only lone but he was going to take 25% of what ever I get from the lone. I don't think thats fair be couse for the past 4 years he has'nt done very much on my case and I've already payed him $15,000


Asked on 8/30/00, 1:58 am

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: not happy with attorny can i fire him

The easiest answer to your question is that a client can always discharge a lawyer, at any time. The real question you're asking, however, is whether you can discharge him AND not pay him any more (so that you can instead pay a new lawyer.) No one can honestly answer that question without a lot more information.

Personally, I do not give advice to people who are represented. In my opinion, lawyers should not ever come even close to "poaching" each others' clients, and if I gave you advice about your case and induced you to fire your lawyer and hire me, I think it would be wrong.

Instead, I tell people to follow a two-step process: 1) Decide whether you are happy with your lawyer, and try one more time to work it out. Put you expectations down in writing, and give him a reasonable chance to respond appropriately. If that doesn't work, write to the Industrial Commission and carrier and tell them you no longer want your lawyer representing you, and send a copy of that to him.

2) Now look for a new lawyer, understanding that you may not get someone else to take your case, for a number of reasons. Try to not to think in terms of hiring someone to "do what you want done." That just handcuffs the lawyer. Instead, allow any new lawyer(s) you consult to question you and form their own opinions. You may get some new ideas on how your case should be handled, and what your future rights are.

Finally, although I do not have all the information, I am initially uncomfortable with the idea of a lawyer taking a percentage of an educational loan, if that's what it really is. Perhaps you haven't fully understood the nature of the funds you might get, but if it really is a loan, I certainly would not be comfortable charging a fee on it.

Good luck.

Read more
Answered on 10/03/00, 11:49 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Arizona