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  1. #1
    Join Date
    May 2008
    Posts
    244

    Default Can I Fire My Lawyer

    i've only been on this board for a little more than 7 months. i've read a lot of the posts and i've learned a lot. when i was injured i kinda rushed out and got a lawyer. they sent a contract to me and i signed it like 7 months ago. i have not heared from my lawyer once, i did talk to his parralegal a few times but nothing serious were they had to work. after reading over a lot of posts it seems like with" my case" i wont even need a lawyer, seeing how the doctors assign the percentage for dissability and there is already chart, basically do go by with the dept of labor. in my case it seems like having a lawyer is not needed. i dont think he would be able to get me a higher percentage so i would be giving him a part of my settlement for no reason.
    so my question is can i fire him, so far he has not done any work for me that i'm aware of. does any one know ! also i would like to thank all the people who post on this site because i've learned a lot.........THANK YOU

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I Fire My Lawyer

    yes but there will still be a fee for their sevices to date.

  3. #3
    Join Date
    May 2008
    Posts
    244

    Default Re: Can I Fire My Lawyer

    thanks sh. for your answer. what i said in my post is true, i have'nt once talked to my lawyer how much possible could owe ?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Can I Fire My Lawyer

    what i said in my post is true, i have'nt once talked to my lawyer how much possible could owe ?
    When you signed to have the AA represent you, you agreed to a fee schedule.
    In most states, the WC judge/arbitrator must review any settlement and award the AA fees.

    You're only 7 months into your claim... haven't probable experienced any denials of benefits... but, just wait.
    Few claims proceed to resolution without ANY disputed issues...

    The biggest reason for IW's wishing to terminate the agreements with their AA's is an unrealistic expectation of what the AA is actually there for.
    IF you'd like to represent yourself as 'pro per', and file any documents for hearings, and attend any litigation or mediation on the claim... yup, file a dismissal of attorney with the WC board/court... but, as SH said, there will still be a fee.

    And, IF you were to need the sevices of an AA later on... you'd be hard pressed to find one in the very small WC arena...

  5. #5
    Join Date
    May 2008
    Posts
    244

    Default Re: Can I Fire My Lawyer

    thanks for the info, i understand that the lawyers have to go to the hearings for us and file all the correct documents, if the dr says ,lets say 10% imp the lawyer still has no say on the end $ amount,correct? due to the imp schedule awith the dept of labor. also i've been on this board for 7 months my injury has been almost 2 years ago. no problems with ins comp yet.
    Last edited by usimenko; 11-12-2008 at 04:57 PM.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I Fire My Lawyer

    hiring a lawyer is like having a insurance policy - you're paying for protection & peace of mind whether something happens or not.
    You don't get to have one standing by for free.

  7. #7
    Join Date
    May 2008
    Posts
    244

    Default Re: Can I Fire My Lawyer

    it would be nice if we could!

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Can I Fire My Lawyer

    You don't get to have one standing by for free.

    it would be nice if we could!
    I have to wonder what line of work you were in at the time of your injury...(?)
    Besides that... how much volunteer work did you offer in your community?

    i understand that the lawyers have to go to the hearings for us and file all the correct documents, if the dr says ,lets say 10% imp the lawyer still has no say on the end $ amount,correct?
    That correct...your AA has no input into the amount of your 'award'... the indemnity is set by statute..based on the rating.
    The potential value of future medical is anyones guess... and IC are reluctant to pay much up front.
    Reason...(?) Because statistics show very little medical care is sought once the IW receives the money for FMT... the money gets spent on 'stuff', and the IW seeks treatment through Medicare/Medicade...the taxpayer.

    Just as a heads up...your AA is working for nothing at this point...you haven't paid a retainer fee to keep him/her on 'standby'...
    On the other hand... the DA/Defense Atty, is being paid on a hourly basis for ALL the time spent on your claim...including travel time, depo time..regardless of who calls the depo... hearing/court appearances..ANY billable hours the DA can come up with...gets billed.

    I don't know the AA fees in NH... in Calif fees ranage from about 9% to 12% on average... with PD awards limited since SB899 came into play...AA fees have been greatly reduced... average case settles for around 25K...you do the math.

    If you can get the statute changed in your state... whereby the AA's can bill hourly...I bet your's would offer you representation 'pro bono' on your clam.

  9. #9
    Join Date
    May 2008
    Posts
    244

    Default Re: Can I Fire My Lawyer

    well i'm not to sure , why you would ask what type of work i'm in or at the time of my injury, by the response i gave. if you read my post "to all senior board members". as far as volunter work for the community , children would say i'm a regular. nothing is more satisfying than helping our local kids.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Can I Fire My Lawyer

    why you would ask what type of work i'm in or at the time of my injury,
    ...how much time do you 'give away' in standing by waiting for something to happen in someone elses life...?
    As you were indicating would be nice if you had an attorney willing to do the same...
    You don't get to have one standing by for free...
    it would be nice if we could!
    if you read my post "to all senior board members".
    Ya know...I don't read every post... I have a life off this board..
    But, I congratulate you for the time your volunteer with children...you're right, that is very rewarding...and satisfyiing.

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