QUESTION
Can I fire my work comp attorney and get out of the contract I signed?
Asked on Oct 23rd, 2012 on Personal Injury - Michigan
More details to this question:
My husband has had 8 back ops over 20 yrs. He was on SSD for 9 yrs., and then went back to work for 9 yrs. 2 yrs ago he went back on SSD when pain was unmanageable. We hired attorney after a SCF IME went bad. My husband is now in hospital and surgeon wants to operate. I called attorney to help get SCF approval and was treated badly. He questioned need for op and spoke to me like I was an uneducated bother. How can I fire him after signing contract giving him 20%? He has only sent one email and collected our monthly SCF payments which he forwards to us.
12 ANSWERS
Ronald A. Steinberg
Just fire him. Go to another attorney, and if the lawyer agrees with you, send a letter to the first lawyer terminating the contract. If people can get divorced, then they can fire lawyers.
Answered on Oct 30th, 2012 at 10:02 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Send a letter discharging him and ask for the file.
Answered on Oct 26th, 2012 at 5:29 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can always fire your attorney. The attorney may have a right to get paid for the work he has done. However, usually this comes out of your settlement and is worked out between him and your new attorney. You might want to have a meeting with the attorney to express your concerns. The attorney really can do nothing to get the operation approved except to ask for a hearing with the workers comp commission, which will take months. Until then it is up to the insurance adjuster.
Answered on Oct 25th, 2012 at 10:31 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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A client always has the right to terminate the retention of an attorney. You may be responsible for the reasonable value of his services to date. That may be determined by the WC judge. If you seek representation from another WC attorney, he or she can tell you how this works in terminating attorney A and hiring attorney B. Be sure to get in writing how the fees are going to work. Ordinarily WC attorneys charge 15%, but there may be extraordinary services to make it higher. Not sure why you signed an agreement for 20%. Again, discuss all of this with your new WC attorney. They will take care of the termination and substitution of attorneys. You will not have to speak to your current attorney again. It can all be done in writing.
Answered on Oct 25th, 2012 at 8:21 PM
Thomas Edward Gates
The attorney is not your attorney, but rather your husbands. Read the terms of the agreement that was signed and, it will tell you what is owed the attorney if he is discharged.
Answered on Oct 25th, 2012 at 8:21 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Send him a letter, discharging him, and then go hire one you would have confidence in.
Answered on Oct 25th, 2012 at 8:06 PM
Workers Compensation Attorney serving Santa Ana, CA
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Dennis K. Thomas
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There is a one page form called a "Dismissal of Attorney" form. It is easy to complete and then you have fired your attorney. He must give you your file within a reasonable amount of time.
Answered on Oct 25th, 2012 at 7:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can fire your attorney at any time for any reason or no reason. Just do it.
Answered on Oct 25th, 2012 at 7:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't fire him, he's not your lawyer. Your husband can, but it sounds like you expected the lawyer to instantly get SCF approval instantly just because you picked up the phone and that's not realistic. Maybe that's why he spoke to you the way he did.
Answered on Oct 25th, 2012 at 7:14 PM
You should communicate with your current lawyer both orally and in writing to express your concerns about his legal representation and your desire to get another lawyer. Perhaps, he may withdraw from your case willingly.
Answered on Oct 25th, 2012 at 7:14 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes. Should you? Who knows but, you can always fire an attorney whenever you want. Good luck.
Answered on Oct 25th, 2012 at 7:09 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes, but your prior counsel has a right to get paid.
Answered on Oct 25th, 2012 at 7:08 PM