Hemet, CA asked in Workers' Compensation for California

Q: Can I fire my workman's comp lawyer and get a new lawyer if I think my current lawyer is not being helpful

It has been 3 month since I had my deposition and I still have not heard from my lawyer. It has been 3 weeks since my MRI and not heard from my doctor either.

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3 Lawyer Answers
Dr.  Peter Marc Schaeffer Esq.
Dr. Peter Marc Schaeffer Esq.
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: You have an absolute right to fire your lawyer at any time most likely your form a lawyer will take a lien against your case and he will share attorneys fees on a proportionate basis with your new lawyer it happens all the time

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You may issue a NOtice of Dismissal of the attorney at any time. Trouble is, the next attorney must divide the fee with this attorney you picked first. Did the attorney get the deposition transcript yet?? 3 months is a long time, but I've had trouble getting transcripts to get to the client to review. Most physicians do not 'contact' the patient after the MRI, most physicians wait until the next scheduled evaluation and review the diagnostic findings at that appointment (because the Labor Code does not pay them to take their time to go over the results outside of the office visit, and they cannot afford to work for free). IF you really researched your attorney before hiring them and you liked and respected the attorney before signing contracts making them your counsel of record, perhaps you might let them know first that it they do not set a meeting to review and revise the deposition transcript in the next 10 days you will be securing a new attorney. DO NOT JUST issue a dismissal letter and then go look for the new attorney; if this current attorney fails to respond by your deadline, carefully research a new attorney and then let the new attorney help you dismiss the old attorney at the same time and substituting in the new attorney.

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
Answered
  • Workers' Compensation Lawyer
  • Los Angeles, CA
  • Licensed in California

A: However, be careful that if you fire your lawyer, another lawyer is willing to take the case. You should consult with a new lawyer BEFORE firing your current lawyer.

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