Being injured on the job isn’t something you look forward to, but at least you can rely on workers’ compensation to pay for medical bills and lost wages. However, you may run into problems with your claim that you can’t unravel on your own, and that’s why you hired a work accident injury attorney.
Unfortunately, many people become dissatisfied with the lawyer that’s handling their case, and this can happen for all sorts of reasons. No matter the cause, you may be interested in finding a new workers’ comp lawyer. But what are the rules on switching lawyers when you have a pending claim or lawsuit?
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Can I fire my lawyer in the middle of a workers’ compensation case?
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What are the laws in California regarding your right to change lawyers if I am not happy with my current attorney?
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How can I find a new lawyer to take over my claim for a work-related injury?
These are just some of the questions you may be thinking of at this moment. Frankly, there are plenty of lawyers to choose from, and selecting the initial attorney to represent you is a relatively simple process. The problem is, what happens if you believe that your lawyer is not doing their job in a professional or effective manner?
Here’s the good news: you have the right to switch lawyers at any time on any type of legal proceeding. So, you don’t have to worry that it’s too late if finding another lawyer if of interest to you. However, it’s important to understand the process of hiring a new lawyer and the impact it may have on your case. That’s why you should contact us for a free consultation, where you can discuss your options with one of our attorneys.
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Why do People Fire Their Attorneys?
There is no singular answer to this question, as people can be upset about different issues regarding their lawyer’s choices and conduct. Many of these issues are impossible to predict at the beginning, when you sign the contract for representation and assume that your case is in capable hands. As time goes on, you realize that the person you hired is not doing what they promised.
For a lot of clients, not being available or responsive is the biggest complaint. This is evident in the lack of responses whenever you have a question or want updates on your case. Perhaps getting a response takes entirely too long, or the answers are unclear, overly general, or confusing.
Whatever the issue between you and your lawyer, it’s essential to deal with the problem rather than brushing it aside. In some cases, an honest conversation with your lawyer may be enough to fix whatever you are unhappy with. But yes, there are times when finding a new law firm is the best way to go, especially when you are waiting on payments from a workplace accident claim.
California Laws on Substituting Attorneys
We previously stated that changing lawyers is up to you, and you can do this at any point during a legal proceeding. But there are specific rules on the procedures that are involved, which you can find under California’s Code of Civil Procedures 284 and 285.
CCP 284 explicitly gives you the right to find new legal counsel during any stage of a workers’ compensation claim, at the request of the client, attorney, or the court system. Under CCP 285, you must initiate the change in counsel by serving written notice to all the involved parties (your lawyer and the court system, for example). For a detailed explanation on the process to change workers’ compensation attorneys, give us a call here at Normandie Law Firm.
Working out a Payment Arrangement
So, there is nothing standing in the way if you truly wish to move on to another lawyer. But there are important considerations that you must think about before you make the choice once and for all. For one thing, what is the payment arrangement that you have with your current lawyer? You may remember that you signed a retainer agreement as part of the contract when you hired your attorney.
This document is extremely important, as it has a section that’s dedicated to ending the attorney-client relationship. Within the agreement, you should find information on the fees that are due, primarily, the fees you need to pay upon the termination of the contract.
Most law firms representing workers’ comp cases agree to work on contingency, meaning they will receive a percentage of the funds recovered at the end of a successful case. Since the case is still on-going, an agreement must be worked out between your current lawyer and the new law firm in terms of how much will be paid to each attorney.
What to Look for in a New Workers’ Compensation Lawyer
As you search for a new lawyer to handle your WC claim, there are certain qualities you should look for, which you may not have focused on with the first attorney. During a free second opinion at our office, one of our legal experts can go over this information with you to ensure that you are not stuck with an apathetic or inexperienced attorney the second time around. For example, how long has he or she been representing clients with workers’ compensation claims? What is their track record of successful cases, whether the claim was settled or it was tried in court?
You should also pay attention to their communication style and the way they treat you. Are they good at listening to your concerns and empathizing with what you’re going through? What is their timeline on getting back to clients during a case? Do they inspire trust and make you feel comfortable? As you can see, finding a new lawyer is not a simple decision, and that’s why we invite you to meet with us for a second opinion consultation.
I Want to Switch Attorneys – What Do I Do?
Knowing where to start is the biggest dilemma for most clients that want to find a new lawyer. Most likely, you have questions on what to do first: fire the old lawyer or find a new one? Legally, you can go either way on this issue, but we would say that hiring a new lawyer is the better course of action.
When you give you notice to your current attorney, you are left without a legal representative until you find someone else to take over your case. This can be dangerous when you are in the middle of a claim or lawsuit, as the other party is used to communicating with your lawyer on all issues related to your case. As a result, you can have significant delays and missed filings that result in your claim being invalidated.
Another problem has to do with getting your case file, or all the information that’s related to your case. This information legally belongs to you, but having it released by your old law firm may not be as easy as you thought. On the other hand, any law firm is more likely to release the case file without playing games if the party requesting it is another law firm.
Your new lawyer can also review the terms of your retainer agreement and ensure that the transfer process is handled correctly. This can also save you headaches down the road, as you do not have to worry about how to pay your old lawyer for the time and effort they put into your case. So, the lesson is, do not fire your current workers’ compensation lawyer until you hire a new attorney.
Free Second Opinion from the Lawyers of Normandie
Our law firm is more than happy to provide you with a second opinion consultation, completely free of charge. This is a sensible approach when you are trying to decide between staying with your current law firm or finding a new work accident lawyer to represent you.
The consultation is free no matter what you decide, so there’s nothing to lose by giving us a chance to speak with you. If you decide that we are the right firm to handle your claim going forward, you have the assurance of knowing that we never charge upfront. All cases are accepted on contingency under the Zero Fee Guarantee. As a result, we do not seek payment until your settlement check is received from the insurance company.
If you are interested in scheduling a free second opinion consultation, contact us at your earliest opportunity.
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