Legal Question in Workers Comp in California

Re: MSC next week / problems with atty & ins. co

If you dismiss your attorney she will have a lien on the case and a judge will determine how much of a fee she should get -- he might give her the 12% -- if you get another attorney, that attorney would split the fee with her.

Re: MSC next week / problems with atty & ins. co

Not knowing the date of your injury it is difficult to discuss attorney fees due to the large discrepancy in permanent disability awards. If you have an injury which is rated under the new system, more than likely the attorney will receive 12% of the award because the awards are so small compared to those before SB899. Remember, and most of my clients forget, a comp attorney typically bills at $250-275 per hour. Thus by working only a few hours on your case they have standing to demand almost all of any fees awarded. The intake alone and setting up a file generate about $400. My fee structure allows for about $50 per telephone call, thus if your attorney bills at standard rates, this attorney will be entitled to most of the award. Realistically, how many times would you call your attorney if it cost you $50 per call?

such is fate. Hoever, you can mitigate fees by specifically detaling the problems you faced in contacting your attorney, etc.