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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Angry Do Attorneys Sell Out?

    I just wana know if anybody knows of any cases where atty's have sold out? IDK why but I feel like my atty is full of it. I injured my back almost four years ago. I have 3 discs that are herniated. About a year and a half ago the company was willing to settle for $30,000 but they wanted me to resign my job. I didnt agree because I needed my job. So I had to take actions for myself and wrote letters to all the workers com board and thats how I was able to get my job back. My atty's didnt help me get my job back at ALL! NOw they wana settle for $7,000. Thats ALOT less than the first time. Is that normal? Plus they want to take the Dr's fees from MY settlement. Is that how things work cuz I dont get it. WHY do I have to pay for my treatments from my settlement?? Shouldnt the company pay for that? And on top of that they want to give me my money in Payments of every two weeks. I just dont get how that works. I havent signed any papers and dont know if I should.

  2. #2
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Lightbulb Re: Do Atty's sell out?

    In any Profession there are good and bad practicing. To answer your question, I believe some attorney's do sell out, but they are usually smart enough as not to leave a paper trail to get caught. There are good Cops, and bad, good Dr.'s and bad, and yes I'm sure there are good Attorney's and bad! Catching them though, is a whole different story!!

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,009

    Default Re: Do Atty's sell out?

    Aramirez80, was your case accepted or denied? That makes a tremendous difference in the settlement value of your case. And in a denied case, the doctor has often not been paid, so it is entirely possible that you will have to pay the unpaid medical bills out of your settlement. And it is hard to imagine an on the job injury that would cause three ruptured discs. Sounds like a lot of degenerative disc disease is going on there, and that is not a work comp issue, which probably means your case is denied. If it is denied, you are not entitled to a damn thing. You have to get your case covered before you are entitled to a dime.

    Do attorneys sell out? Are you nuts? Of course they don't.

    Please do not confuse the fact that you don't like what they are telling you about your case--that your case is not a very good one --with your rather silly notion that they are "selling out."

    Your fundamental problem is that you do not understand why the settlement offer is $7K when it used to be higher. This is not unusual at all, and it happens because the factual assumptions upon which it is based have changed. The insurance carrier knows more now than they did before. You need to ask your lawyer to explain why he thinks it changed, and when he explains, pay attention.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Mar 2007
    Posts
    67

    Default Re: Do Atty's sell out?

    MY DISCLAIMER THIS IS ALL MY OPINION:::::

    Do atty's sell out ? Very good question but posed the wrong way.Do attorneys make mistakes like tell you a benefit hearing with mediator from WC and work/ins rep will be there ,and have it be a settlement hearing?Do you go to a benefit hearing in court and lawyer does not have Drs.deposition in its entirety?

    I dont believe they sell out as such i believe they are human and make mistakes like we all do.

    I was told by my attorney the opposing attorneys job is to muddy the waters and make the IW out to be unbelieveable,in this way the judge or the mediator gets away with splitting the baby in two and giving a little to both sides in most cases a little more to the insurance companies because they need it.

    Just look at how our Govenour hacked into WC to bring more business in the area ,as their WC premiums would be lower with lower settlements due to the restraints that were put on claims.


    You may want to remember that all the lawyers , judges ,mediators and WC ins. carriers dont know you from adam and there is none of them that care personally about your health.

    Lawyers take their good cases and use them to advertize how big of a settlement they got for their clients,but what shape are their clients in and how many cases did they (loose) not recover for their clients?

    Mediators are just that as far as i can tell they can say one thing in front of you and do something entirely different.If a mediator said to you i believe they should pay Dr. to help alleviate your pain wouldn,t you assume he had the power to make them do something?Apparently not.

    Judges usually go with the public opinion,and isnt it public opinion that IW are trying to take advantage of the system?

    WC Ins .carriers we all know how poor they are and how much they need to raise premiums in order to show a profit,if you have a claim and it amounts to lost work time you can bet your employer is getting charged higher premiums.

    Looking at all these different entities who would be on the IW's side?


    Do i sound cynical? Well i am.

  5. #5
    Join Date
    Feb 2007
    Location
    florida
    Posts
    622

    Default Re: Do Atty's sell out?

    I don't believe lawyers sell out but I do believe they will do what it takes to earn a living. If that means settling a claim for a little less in order to get a fee then some ( not all ) will do so. As for mediators most of them do not have authoritative powers to force a carrier to make payments. They are there to attempt to resolve issues or settle the claim. Again it is a business. The more claims they resolve the more work they will get referred to them.

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,009

    Default Re: Do Atty's sell out?

    ADJ, you made a very insightful point. And Disposable, you did too. Attorneys do make mistakes, but the vast majority of them try to do right by their clients.

    I worked in sales for three years before I went to law school. Based on my experiences in business and law, I would put the ethics standards of lawyers above the ethics of businesspeople any day of the week.

    I would be amazed if anyone showed me proof that a lawyer had "sold out" to the other side. That suggests bribery. More likely, a lawyer recommended a settlement that met the lawyer's needs better than it met the client's needs. That is not appropriate but it does happen sometimes, with some lawyers. Makes us all look bad, though. And the majority of lawyers I know who represent injured workers would never dream of doing such a thing.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  7. #7
    Join Date
    Oct 2006
    Posts
    376

    Default Re: Do Atty's sell out?

    Does the Pope wear a funny hat?

  8. #8
    Join Date
    Feb 2007
    Location
    California
    Posts
    87

    Default Re: Do Attorneys Sell Out?

    Also keep in mind that your attorney cannot settle your case without your signature. He can give you bad advice, that favors him over you. He can do a poor job at trial such that you lose more than you gain. Or, he can drop you as a client because you are 'unco-operative'. But, he cannot settle your claim without your signature.

    So, the question is whether the attorney CAN sell out?

  9. #9
    Join Date
    Feb 2007
    Location
    florida
    Posts
    622

    Default Re: Do Attorneys Sell Out?

    Of course an attorney can sell out and your own comments make that point. As you indicated the attorney can provide the injured worker with bad advice, perform poorly or drop them as a client. All of this would be considering "selling out".

  10. #10
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Exclamation Re: Do Attorneys Sell Out?

    We can play the word game and dance around the actual issue all day, but I believe,( JUST MY OPINION) 98%-99% of all lawyers will do the absolute best for their client. And I also believe 1%-2% are in it for the fast buck and would sell out to obtain it. The question was: "Do you think an attorney would sell out?" The answer is yes. If they were all perfect, there would be no need for the Bar Association and other Departments to cover Ethics!!

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