Q: Is it common for Defense attorney to list an attorney lien in pre-trial statement?
I have a trial set on the matter of ttd. The carrier is disputing that I was terminated for cause. If they were firm on their stance and feel they do not owe a dime, why did they list the attorney lien? There was sdi lien and medical lien but the defense attorney did not list them in their forms.
When I dismissed my former attorney because he did not apply LC 132a, the adjuster was very unhappy. He insisted that I go back and he can reverse the dismissal.
I’ve also found it unusual that I’ve been turned down by most of the attorneys in town. There were several out of town as well. Is my former attorney holding my ttd through his colleagues.
Does listing him as a lien mean he will get paid if I am successful at trial? The former attorney gave up on ttd and told me they have never heard of expedited hearing for ttd.
A: It is required. There is a section on the Pre-Trial Conference statement to address payments by EDD. If there were payments by EDD, then the statement should contain the start date, finish date, and pay rate. The Trial Judge may or may not include the issue at trial depending upon other factors.
It is not unusual for an attorney to say no to a client who comes in for an intake interview and starts complaining that the WCJ is a liar and the former attorney was incompetent. The risk of getting a complaint is obviously high and the prior attorney will get paid, so unless the case is a really good one, the odds of finding a new attorney are diminished.
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