Legal Question in Workers Comp in California
My lawyer won't return my calls
The last time I spoke to my lawyer was 1-10-2007, he promised me that I would have medical insurance for my back, the rest of my life, & that he was working on the figures for my settlement. I am 51% perm. disababled. Since my work related injury 1998, I have called 2-3 times a weekly, yet he won't return my calls. Nor have I heard any more about Voc. Rehab. My QME has stated I can not work unless I have another spinal surgery. I have not rec. any money. Should I fire him or is this considered normal procedure for all attorneys?
3 Answers from Attorneys
Re: My lawyer won't return my calls
You can dismiss an attorney at any time, and either hire a new attorney or represent yourself. However, given that your attorney has worked on your case he will be entitled to some part of your settlement even if you get another attorney. they will split the fee.
I have heard of such problems with comp attorneys due to the high volume of cases they must have to support a practice. Given that your case is supposedly near settlement, you should have no trouble finding a new attorney if you wish. You can also speak with the information and assistance office at the wCAB where your case if filed.
Re: My lawyer won't return my calls
Obviously this is not normal procedures. In a WC case, the carrier is supposed to advance a reasonable amount of permanent disability benefits based upon what your final amount of disability is likely to be. This is to be done whether or not your attorney is working on a settlement. Figuring out WC settlements is relatively easy so your attorney should have been able t make a demand within 1-2 weks of yuour condition becoming permanent and stationary. Go get a new attorney; you have the absolute right to drop any attorney whenever you want; the amount of your attorney fees is not increased, as the two attorney will
have to share the same sum. Your new attorney can advise you ass to whether you should file with the State Bar a complaint against the former attorney
Re: My lawyer won't return my calls
I recommend that you ask for a copy of your file before changing your attorney and seek a second opinion about your case.Feel free to call us at 213.388.7070 for a free consultation. You have a right to change your attorney at any time.