Legal Question in Workers Comp in California

I have a Workers Comp Case; its at the final stage of settlement.For my peace of mind and to avoid any attempt of getting ripped off my question is.

My atorney has told me that my last employer is offering a lump sum amount. Is there any possibility that my attorney can hide the Actual amount of settlement from me & mentions a different amount to me; when he actually gets larger amount from opposite party? And after getting larger amount from opposite party, still he gets his % from the amount that he mentions to me? How can I keep transparency in this whole process; while saving my relationship with my attorney as well. Thanks


Asked on 11/15/11, 12:18 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You have no good relationship with your attorney if you think he may steal from you. In any settlement, the defense attorney will have you sign settlement papers that state the exact amount of the settlement. The attorney would be disbarred if he did what you think he might; is stealing from you going to be worth that to him?

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Answered on 11/15/11, 12:27 pm
terrence rubino rubino ruman crosmer smith and sersic

i suppose anything is possible but you will have to sign a release or other settlement documents. those documents will contain the amount of the settlement. keep a copy. you will have to sign the check when it arrives at your lawyer's office. your lawyer probably will have a settlement statement for you explaining the gross settlement, the fees, the out of pocket expenses. basically relax - there is a paper trail and very few lawyers are going to risk their law license or going to jail to steal. it has happened but is rare. good luck.

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Answered on 11/15/11, 12:56 pm
Nancy Wallace Nancy Wallace Atty at Law

You sign a COMPROMISE & RELEASE AGREEMENT. That has a specific total, then shows each deduction from that total, including attorney's fees.

If the numbers on the Compromise & release Agreement are different than those discussed by you with your lawyer, you refuse to sign. Super Simple!

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Answered on 11/15/11, 9:33 pm


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