QUESTION
How do I fire my current attorney to minimize my costs to him/her and go with another that I feel comfortable with on my worker’s compensation case?
Asked on Oct 20th, 2012 on Personal Injury - Florida
More details to this question:
I saw this attorney to get help getting workers compensation to go thru with medical recommendations. Now he seems suing the company I still work at. I cannot get returned calls from the office, his paralegals or anyone at all. I do not have any confidence in him anymore. I looked, asked and I see complaints that I cannot believe. I need another attorney. It's in the beginning stage of filing subpoena only. It is agreed to work on 15% contingency.
12 ANSWERS
Workers Compensation Attorney serving Santa Ana, CA
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Dennis K. Thomas
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To fire your present attorney you must complete a Dismissal of Attorney form. Then you are free to get another attorney and to pick up your file.
Answered on Oct 24th, 2012 at 1:30 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Just call him or write him a letter and say "you're fired." Then call your new attorney and have them contact your old attorney to get your file. Good luck.
Answered on Oct 24th, 2012 at 1:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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15% is not adequate. Most lawyers are paid 25% and the fees are approved by the Industrial Commission. You can fire your lawyer at any time and the Industrial Commission will see to it that the fees are divided between the lawyers. Should cost you nothing extra. A lawyer who refuses phone calls ought to be fired. Tell him I said so. Make sure you know what you are talking about. Most clients don't know enough about their cases to comment accurately. But if you are sure you do and he refuses to talk to you fire him today.
Answered on Oct 24th, 2012 at 1:28 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You have a right to an attorney of your choosing but your old attorney has a right to be paid for the work done to date.
Answered on Oct 24th, 2012 at 1:28 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Tell him you are discharging him and you want your file back.
Answered on Oct 24th, 2012 at 1:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Find a new attorney and he/she will fill out the paperwork for you to sign transferring the file. Happens all the time.
Answered on Oct 24th, 2012 at 1:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See another worker's comp attorney, and, if acceptable, request assistance in transferring the file. Take your present retainer agreement with you to assist in the determination.
Answered on Oct 24th, 2012 at 1:27 PM
Ronald A. Steinberg
Oh, you hired him for his experience, and now you do not like his advice. Well, just fire him. Have him send your file to the new guy.
Answered on Oct 24th, 2012 at 1:27 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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You should at least receive return calls from staff at the attorney's office. W Comp law offices are higher volume so many of the calls need to be returned by staff not the lawyer but there is no good reason that no one is returning your calls. I am familiar with this problem because I have been doing Workers' Comp for 38 years.
Answered on Oct 24th, 2012 at 8:35 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Find yourself another attorney that you are comfortable with and he or she can advise you on how to terminate the relationship with the prior law firm. The new attorney should agree to work out a fee arrangement with your old attorney so that you do not have to pay more than 15% collectively (unless there are extraordinary services).
Answered on Oct 24th, 2012 at 8:30 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Find another attorney who will accept your case. He/she will figure out if and how you can dump atty no. 1. If you are still working, it can't be much of a claim so don't be surprised if you have trouble finding another attorney to take such a small case on a small contingency basis.
Answered on Oct 24th, 2012 at 8:30 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you have lost confidence in your attorney, it's better to get another attorney. Just write your current attorney a letter by certified mail, return receipt requested, informing him (or her) that you no longer desire his (or her) services and that you will have your new counsel be in touch with him (or her) to pick up your file. Go ahead and start looking for a new attorney, and see if you can find one who is board certified in worker's compensation.
Answered on Oct 24th, 2012 at 8:23 AM