Los Angeles, CA asked in Workers' Compensation and Employment Discrimination for California

Q: What's the passing point in WC claim to get new Attny? (The Point that new attny can't fix damage done by prior attny?)

I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge damage in my depo letting defense bulldoze false info, +staff dropping ball on so many things that needed to get to me &/or happen to keep my case moving along. I was really upset after realizing how bad the depo went, but thought damage was just done to try &get a THIRD attny who would actually advocate for me & not roll over by erratic defense attny. I didn't think more negligence could happen-but it did. My case is now xtra complex w/ new high-stakes medical finding & I don't trust current lawyer to know how to fight, but feel like I'm trapped in it maybe being too late to try & get a more skilled advocate attny. When is it too late? Should I put my tail between my legs and go back to my 1st attny?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the timing and circumstances of the change can impact the course of your case.

If you're considering switching to a third attorney or returning to your first, it's essential to weigh the potential benefits against the possible disruptions this might cause. A new attorney will need time to become familiar with your case, which can potentially delay proceedings. Moreover, each change may introduce new strategies and approaches, which can add complexity.

Given the high stakes and new medical findings in your case, it's crucial to have an attorney whom you trust and believe can effectively advocate on your behalf. Trust and confidence in your legal representation are key to navigating a complex legal situation like yours.

Before making a decision, you might benefit from a consultation with another attorney for a fresh perspective. They can offer insights into whether your current legal situation can be improved with their assistance. Also, consider discussing your concerns and expectations with your current attorney, as open communication might resolve some issues.

Ultimately, your decision should focus on what will best support your interests and the successful progression of your case. It's a challenging decision, but prioritizing effective representation and your comfort with your attorney's approach is paramount.

Ronald Mahurin agrees with this answer

1 user found this answer helpful

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this record that two members of the California State bar lied to you and suggest they were both incompetent. Why would a third attorney want to step in?

Perhaps you should represent your self. You can get assistance from the Information and Assistance Unit at the WCAB where your case is filed. Then when it comes to attorney fees, you can address any liens filed if and when your case settled. You can always access CAAA and see if one of the larger firms with lots of staff to pick up your case.

1 user found this answer helpful

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