Legal Question in Workers Comp in California
Lawyer Disappeared, Now What?
A friend of mine who has the same attorney was informed that he was no longer with the law firm and no explaination as to when or why. He was told that the head of the firm was taking over all his cases. As of yet I have not received anything informing me of this. Shouldn't they have sent me a letter? As it is I haven't heard from this attorney in over a year. I have no idea what is going on with my case. I was injured 3 yrs ago, have carpal tunnel, neck & shoulder, back pain. I was also terminated from my job and my attorney filed a 132a. Now I am worried if one was ever filed and if he was fired. Several people including myself have been very dissatisfied with him. He has a habit of not returning phone calls, not showing up for court, was even caught in a lie about not coming to court by a former client who fired him on the spot and tends to lose paperwork. I have seen both QME's months ago but have only received one report so far. Anyway, what should I do? Is it too late in the game to find another attorney or should I wait this one out?
1 Answer from Attorneys
Professional conduct
The California Rules of Professional Conduct state that when an attorney leaves a firm, and wishes to take clients with him, he must inform the client in writing of his decision to leave the firm and let the client decide whether to leave the firm as well. Perhaps even more important are the rules pertaining to withdrawal of an attorney. There are strict requirements under which an attorney can withdrawal representation. As you hav received nothing from the firm to suggest otherwise, the firm still has a legal obligation to represent you. Write them a short letter asking for clarification.