Legal Question in Workers Comp in California

I have an attorney that I am not at all happy with, I did not chose him what happened was my original attorney decided he didn't know if he wanted to be an attorney anymore and I was given to his partner. My injuries go back to 1995 I have been fighting this for 16 yrs and have had 7 surgeries. My attorney doesn't seem to be fighting for me and he NEVER returns my calls instead they set me up with phone appts. I last spoke with him Jan 31st, he appeared for a court hearing Feb 16th and he gave me his word that he would call me during or right after the hearing I have yet to hear from him. His office did set up a phone appt for May 3rd which is unacceptable to me. I have 2 cases running together with 2 injuries per company, I would like to find another attorney and would fight not to pay my current attorney for his lack of representation or coorporation but every attorney I contact and I have been looking for years say they cannot take my case. What can I do? I am owed mileage from 2003 for 1 of the companies and I have yet to receive it I was told the other company said they would pay it and recover it from the other company when we settle I am so stressed out dealing with my attorney I am ready to file a complaint with the CA Bar Assoc. a few months back I reminded him that I did not choose him I was given to him and he said maybe we should part ways I said "oh, at D day you want to bail?" I do not feel at this point that he is representing me in my best interest in fact I sent him a registered letter requesting a phone call and he emails me and says he had been out sick for a week only when I called the office he was either in court or with a client I think he was trying to cover his butt, funny how his office told me he had to leave one day to pick up his daughter so I know they would have told me he was out sick, regardless of the circumstances he NEVER returns phone calls and I am so over it. What can I do? I told him I wanted my future medical cashed out he said last year it was over $200,000 now he is saying maybe $70,000 that is why I question rather he is working for me or against me and after 16 years I am still in pain and will need future surgeries, therapy, and medication. I am at my wits end and so depressed because I feel I have no rights when it comes to my attorney can you help me???


Asked on 3/24/11, 2:51 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You have an absolute right to terminate your attorney at any time without the need of any reason. The WCAB would award a single amount as attorney fees and any new attorney and the old one would have to agree as to the division of the fee or refer it to the WCAB or someone else to resolve. Most attorney's do not want to step into a case that another attorney has handled for a long time as it requires them to go through a large amount of unfamiliar matter, they had no control over what has been done and little over what will be done, and they are afraid you will dump them too. But you appear to leave in the Bay Area and there are a large number of WCAB Applicants attorney around and you have to keep on banging on doors until you can find someone.

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Answered on 3/24/11, 3:23 pm


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