Keith Mack
If you're unhappy with your workman's comp lawyer, you can fire them at any time. However, it's good to be aware of the potential consequences. Firstly, it may be more difficult to find a new lawyer, as many will be reluctant to take on a client who has fired their previous attorney. This is because the new and old lawyers will have to split the attorney's fee, which is usually a percentage of the settlement awarded to the client, and lawyers are often hesitant to take on cases that will pay a fraction of their usual fee. Additionally, prospective lawyers may perceive you as difficult to work with. It's also important to consider whether your concerns are legitimate. For example, delays in your case are usually not the fault of your lawyer, as workers' compensation cases tend to involve long wait times. Nevertheless, if you have valid reasons for dissatisfaction, such as a lack of communication, unprofessionalism, or a lack of expertise, it may be in your best interest to switch attorneys.
| Characteristics | Values |
|---|---|
| Reasons to fire your workman's comp lawyer | Lack of communication, slow-moving case, incompetence, Lack of expertise in workers' comp, rude or unprofessional behaviour |
| Potential consequences of firing your workman's comp lawyer | Difficulty finding a new lawyer, negative perception of you as a client, financial implications due to fee-sharing arrangements |
| Steps to fire your workman's comp lawyer | Communicate concerns with your current lawyer, find a new lawyer who is willing to take your case, write, email, or call to terminate the attorney-client relationship, request case files, file a "notice of substitution" with the new lawyer |
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What You'll Learn
Reasons for firing your workman's comp lawyer
Yes, you can fire your workman's comp lawyer and hire a different one if you want. However, it is important to note that finding a new lawyer may not be easy. Many attorneys consider it a red flag if a client has fired their previous lawyer, and they may be reluctant to take on your case. Additionally, when multiple attorneys have worked on a case, they must split the attorney's fee, which is usually capped at a small percentage of the permanent disability payments, typically ranging from 10% to 20% of the benefits.
- Lack of communication: If your lawyer is not responding to your phone calls, emails, or messages, and you are not contacting them excessively, it may be a sign that they are not prioritizing your case.
- Incompetence or lack of expertise: If your lawyer seems disorganized, uninformed, or incompetent, it could indicate a lack of knowledge about workers' comp laws in your state or an inability to effectively handle your case.
- Not fighting for your desired outcome: Your lawyer should be your biggest advocate and work towards achieving the best possible outcome for you. If you feel they are not fighting for your interests or tailoring their strategy to your goals, it may be a reason to let them go.
- Lack of respect and trust: Your attorney-client relationship should be based on mutual respect and trust. If you feel disrespected or lack trust in your lawyer's abilities or intentions, it may be time to find someone else.
- Slow progress or lack of action: Workman's comp cases can take time, and delays are common. However, if you feel that your lawyer is not actively working on your case or is causing unnecessary delays, it could be a reason for concern.
Before making a decision, it is advisable to share your concerns with your lawyer and give them a chance to address your issues. If, after careful consideration, you still feel that your lawyer is not the right fit, you can terminate the attorney-client relationship by contacting their office and requesting any relevant case files. Keep in mind that finding a new lawyer may be challenging, and it is important to understand the potential challenges and financial implications before making a switch.
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Finding a new workman's comp lawyer
Finding a new workers' compensation lawyer can be challenging, as many attorneys consider it a red flag if you have previously fired your lawyer. Additionally, lawyers know that they will make less money when hired after another attorney has already worked on the case. Attorneys' fees in workers' comp cases are already low, and most are reluctant to accept new cases that will pay only a fraction of their usual fee.
To find a new workers' compensation lawyer, you can start by getting a referral from someone you know and trust. Ask people in your network if they have filed a workers' comp claim and, if so, who they used and what their experience was like. If you don't have any recommendations, you can reach out to law firms that specialize in workers' compensation and ask for referrals to lawyers they trust.
When considering a new lawyer, be proactive in vetting them. Ask questions about their experience with workers' compensation cases, their understanding of the local workers' comp rules, and how they plan to handle your case. Make sure to also ask about their fees and how they would be split if you have already worked with another lawyer on your case. It is also a good idea to look for reviews or ask past clients if the lawyer was responsive, cared about their case, and was quick to submit paperwork.
If you are thinking of switching lawyers, it is important to first consider why you want to fire your current lawyer. There are legitimate reasons to switch attorneys, such as a lack of communication, unprofessionalism, or a clear lack of expertise in workers' comp. However, keep in mind that hiring a new attorney will likely not speed up your case and may even postpone matters further.
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Communicating with your lawyer
Yes, you can fire your worker's comp lawyer. However, it is important to keep in mind that finding another worker's comp lawyer to represent you may be more difficult after you fire your first one. This is because the new lawyer will have to split the attorney's fee with the old lawyer, and many attorneys consider this a red flag.
If you are considering firing your worker's comp lawyer due to a lack of communication, it is recommended that you first share your concerns with them. They may have a good explanation for what you perceive as substandard performance. However, if you are still convinced that you want to terminate the attorney-client relationship, you can do so in writing, via email, or by calling their office.
- Be honest and provide all the relevant details: Share the whole story with your lawyer, including any information that could be detrimental to your case. Remember, your lawyer cannot share confidential information without your permission. By providing all the facts, your lawyer can give you the best advice and guidance.
- Ask questions: If you don't understand legal jargon, don't be afraid to ask for clarification. Your lawyer should be able to explain things in layman's terms so that you can understand your case and feel more at ease.
- Keep your lawyer updated: Inform your lawyer of any new developments or changes in your situation. Even small details can significantly impact your legal situation.
- Organize your information: Before meeting with your lawyer, try to create a clear and comprehensive narrative of your situation. Write down the events in chronological order and gather any relevant legal documents and witness contact information. This will help your lawyer understand your case better and avoid wasting time sorting through scattered information.
- Be mindful of your lawyer's time: While it is important to maintain a good relationship with your lawyer and have realistic expectations, remember that their time is valuable. They may not always be able to provide lengthy explanations or frequent updates, especially if they work on a contingency fee basis.
Remember, effective communication with your lawyer is crucial to building trust and ensuring the best possible outcome for your case.
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Understanding the impact on fees and your case
If you are considering firing your workers' compensation lawyer, it is important to understand the potential impact on both the fees you will pay and your case as a whole. Firstly, in terms of fees, it is crucial to know that your new lawyer will likely have to split the attorney's fee with your previous lawyer. State law governs attorneys' fees in workers' compensation cases, and in most states, there is a cap on the percentage they can charge, typically between 10% and 20% of the benefits awarded. When multiple attorneys have worked on a case, they will divide this fee based on the amount of work each has contributed. If the attorneys cannot agree on a fair fee-sharing arrangement, your previous lawyer may file an "attorney's lien" on your case and request their share of the fee from the court once your case is resolved.
Additionally, finding a new lawyer after firing your initial attorney may be challenging. Many lawyers view it as a red flag when a client has fired their previous attorney, and they may be hesitant to take on a case that will result in a reduced fee. Therefore, it is advisable to find a new lawyer who is willing to take your case before letting go of your current representation. Interview multiple prospective lawyers to ensure that the issues you faced with your previous attorney do not reoccur.
In terms of the impact on your case, firing your lawyer can potentially delay the proceedings even further. Switching lawyers close to your hearing date can postpone matters, especially if your new attorney needs time to get up to speed on your case. However, if you are experiencing significant issues with your current lawyer, such as a lack of communication, incompetence, or unprofessionalism, it may be in your best interest to make a change. Remember that workers' compensation cases can be lengthy, and it is essential to maintain realistic expectations about what your attorney can control.
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Filing a notice of substitution
If you are considering firing your Workman's Comp lawyer, it is important to first ask yourself why. There are legitimate reasons to switch attorneys, such as a lack of communication, unprofessionalism, or a clear lack of expertise in Workman's Comp. However, it is important to maintain realistic expectations about what an attorney can and cannot control. For instance, delays in your case are usually not the fault of your attorney.
If you are convinced that your attorney is not the right person to represent you, you can write, email, or call their office to state that you wish to terminate your attorney-client relationship. You should then ask your attorney to send you any files related to your case or forward them to your new attorney.
Before switching attorneys, most states require your attorney to file a motion of substitution with the Workers' Compensation Commission (WCC). The commission will review the motion and determine if there is any reason why it would be unlawful to change attorneys, which is rare. This is known as a notice of substitution.
When a new attorney takes over a case, the casework from the prior attorney must be shared with them fully. Original attorneys cannot legally deny passing their casework to the new lawyer. It is important to note that attorney fee caps do not increase when you hire additional attorneys. For example, in Illinois, workers' compensation fees are capped at 20% of the total recovery. If your case is handled by two law firms, the fee will be split between them.
It may be more difficult to find another Workman's Comp lawyer to represent you after firing your first one. This is because the new lawyer will have to split the attorney's fee with the old lawyer, and attorneys are often reluctant to accept new cases that will pay only a fraction of their usual fee. Additionally, prospective lawyers may consider you a difficult client if you have fired your previous lawyer.
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Frequently asked questions
Yes, you can fire your worker's comp lawyer at any time. However, it is important to understand the potential impact on your case and attorney fees. Many lawyers view firing your lawyer as a red flag and may be reluctant to take on your case.
Some good reasons to fire your worker's comp lawyer include a lack of communication, unprofessionalism, incompetence, or a clear lack of expertise in worker's compensation law.
It is important to maintain realistic expectations about what your attorney can and cannot control. For example, delays in your case are usually not the fault of your lawyer.
If you are convinced that your attorney is not the right person to represent you, you can write, email, or call their office and state that you wish to terminate your attorney-client relationship. You should then find a new lawyer who is willing to take your case and ask them to file a "notice of substitution" with the Board.
