Asked in Workers' Compensation for Illinois

Q: What do you do when your attorney wont return your call. An its a work comp case.

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2 Lawyer Answers

A: Workers' Compensation attorneys typically carry a very heavy caseload and often find that they must prioritize return calls. The LAST call to be returned will be the message that reads "Please call Mary Smith." Leave a more meaningful question like "Where do I send this bill" or "I want to speak with the attorney to discuss my options because I don't believe settlement is in my best interest." A staff member can effectively answer 95% of your questions but NOT discussing your options or providing legal advice.

If you have left multiple messages akin to "wanting to discuss options" and the staff has not been able to provide you with any time frame for a return call, it may be necessary to complain to the ARDC at IARDC.org. This should NOT be your first option but it is available to you.

A: While I agree with Mr. Candiano's answer, another possibility is to talk to another workers' comp lawyer about taking over your case. The Attorney Representation Agreement (the contract between you and the lawyer) that you signed with the first lawyer gives you a right to fire him or her. If you decide to do this, don't do it until you have someone else lined up to step in immediately. The second lawyer typically notifies the first lawyer that you have decided to fire him or her.

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