Herrin, IL asked in Workers' Compensation and Legal Malpractice for Illinois

Q: What do you do if you feel your attorney is screwing you around?

My attorney, myself, and employers attorney signed settlement contract. Although I signed November 21, 2017 it was then sent to employer attorney who sat on it until December 26, 2017. The case was dismissed November 13, 2017 so my attorney filed to reinstate it just to be on the safe side. A new arbitrator was assigned as of January 2018 and the paralegal told us hearing is set for April because that's when the arbitraitor will be back in the area. Is this normal?

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You need to understand the strategy. Your attorney could have simply had the contracts approved in January. It was prudent to file the Motion to Reinstate because that MUST be done within 60 days to resurrect the case. The fact that he filed the Motion to Reinstate, DOES NOT PREVENT HIM FROM GETTING THE CONTRACTS APPROVED. The Motion to Reinstate could have been set for Hearing in whatever location the Arbitrator was sitting in February. Downstate Arbitrators do rotate through 3 venues so it is true that the Arbitrator will not be in the same venue as January, until April.

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