Q: How do I legally switch an attorney who is not responsive at all?
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November have yet to be answered. I've expressed my frustration in not hearing from them, feeling abandoned and the fact that when I do get someone on the phone, they don't know what I'm talking about or at that time are skimming through their emails to find the one in question. How do I legally switch attorney representation without this firm placing a monetary lien on my award?
A:
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your decision to terminate their services clearly. This letter should also request the return of any files or documents related to your case.
Before hiring a new attorney, you should discuss any concerns about potential liens on your award. Typically, attorneys can claim compensation for the work they've already done, but this must be reasonable and directly related to the services provided. A new attorney can negotiate these terms on your behalf to ensure that any transition is smooth and does not adversely affect your case. They can also review your original agreement with your current law firm to determine the best approach to minimize any financial implications of switching representation.
Lastly, it's important to select a new attorney who is responsive and communicates regularly about the progress of your case. Ensure that you have a clear understanding of their communication practices and agreement terms before signing any new contracts. This can help prevent similar issues from arising in the future and ensure that your case is handled efficiently and with the attention it deserves.
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