Legal Question in Workers Comp in California
I just signed a c/r in my wc attorney's office out of pure frustration w/ him; to end my relationship w/ him, and told him that was the only reason I was signing the document. I had a friend attend because of his past degrading, demeaning language to me in front of opposing counsel and outside the courtroom in the presence of other counsel, and refusing to answer my questions.
This time he lied about the content of the c/r when we repeatedly asked if it would limit a future civil suit for wrongful termination. He told me it was a standard agreement and just to sign it b/c it was the best offer I would get. (Fortunately, I caught the language in one paragraph of the 3 page addendum before we left the office and demanded he cross it out. He read it to me so I didnt have a copy and when I looked onto his copy he hurridly passed over the paragraphs I requested he read to me and explain). He misrepresented its contents, refused to answer my questions, and would not explain the specific paragraph's content or language when I repeatedly asked.
After driving away, I noticed two more paragraphs that also expressely gave up my fights to future civil claims against my employer so I quickly turned back and demanded they also be crossed out.
(The c/r was written by opposing counsel, favored them and attempted to eliminate all my rights even beyond workers comp industrial injury scope and into civil litigation which I am currently pursuing.)
He has repeatedly not acted on my requests, failed to file requested appeals, failed to obtain and submit corrected medical reports, not given me copies of legal filings after a month of continuous requests. The list can go on. Then he told me he regreted taking my case when I questioned him about the aformentioned. I now have NO confidence in him, his representation, honesty or integrity.
Also, as I was leaving his office the first time a legal asst stopped me and told me I also needed to sign a second form to the c/r that was again just a standard doc and prob was. But the sentence above my signature states that I understand everything I signed and that my attorney answered all my questions. Both are incorrect and I didn"t read it becasue by now I was in distress and jsut wanted to leave.
My questions are:
1. I just noticed other areas of concern/disagreement that were not read or disclosed to me w/i the addendum or in the language that opposing counsel used to write to the judge. I do not agree w/ this c/r. Also my attny waited until I was leaving to tell me that this still needs to be determined by the judge and my attorney refused to add my requests so it does not represent any of my interest. I signed at approx. 11am today. Can I rescind my signature and fire my attorney tomorrow am?
2. How do I do that?
1 Answer from Attorneys
You can fire your attorney whenever and for whatever reasons you have [you do not even have to have a reason]. E-mail opposing counsel and your attorney that you are withdrawing from the compromise and release because you signed without being given the opportunity to read the entire document, you were not given full answers to the questions you asked about sections of the agreement, and letters to the WCAB judge suggest that opposing council might interprete protions of the settlement different from your understanding.
Demand form your attorney the original, complete copy of his file, which he is obligated to provide at no charge, and which includes all notes, etc. Then read through the agreement again, make notes as to anything you do not understand, and then speak to opposing counsel to figure what is best for you.
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