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  1. #1
    Join Date
    Oct 2017
    Posts
    21

    Talking Switching Attorneys

    Hello all,

    First I would like to thank the administrators, especially Tony for providing a sounding board which helps us to fight the gaslighting tactics of the WC insurance companies.

    I'll try to keep this abbreviated. I will need a third surgery for the exact same problem within two years of when the first surgery was provided. The problem is, my attorney has never once gone to court to fight for me. In fact, when I expressed my frustration via e-mail, he became very combative and yelled at me. I can never get any response from him or his receptionist until they want something. Example (Don't forget about your QME). I now get the feeling that he is going to try to strong-arm me into settling out of court in order to get the quickest settlement possible. My question is, If I switch attorneys, do I have to pay them each 15% or, Do they split it? I have read a recent review from a former client who stated that this attorney even joked with the WC carriers attorneys during the client's trial. Another expressed similar problem to the ones I am having and stated: "they wouldn't resign, but would just wait until my case was dismissed for failure to show". I've got to say, I completely believe it based on my experience. Any input or help would be valued and appreciated. Thank You
    Last edited by SLEEPLESS; 05-06-2018 at 03:00 PM.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,873

    Default Re: Switching Attorneys

    If I switch attorneys, do I have to pay them each 15% or, Do they split it?
    They'll both get paid according to the time spent and results obtained on litigating your case.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2017
    Posts
    21

    Default Re: Switching Attorneys

    Thank you!

    Thank you!

    Does that mean that it can be either split 15%, or up to 15% appeace?

  4. #4
    Join Date
    Oct 1971
    Posts
    4,873

    Default Re: Switching Attorneys

    They'll split the 15%

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,724

    Default Re: Switching Attorneys

    Your story illustrates the need to really do some in-depth research before selecting a lawyer for one's case. Not all lawyers are created equal, and the skill level and attitude of lawyers varies widely in a given state or community. If anyone wants tips on selecting a good lawyer, send me a PM and I will share some important considerations and some ways to do that research. But for starters, avoid all of the "settlement mills."

    If you are an injured worker, you want to hire a lawyer who has a track record of going to court for his or her clients, who is willing to try to make the other side do what they are supposed to do by using litigation. That lawyer is willing to use all the tools at his disposal to help his client. A lawyer who wants to settle everything is probably not "zealously advocating" for his client like his professional responsibility dictates. And I can assure you, every defense lawyer in the US is willing to go to court for his client, the insurance company. So your lawyer needs to be at least the equal of the defense attorney.
    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

  6. #6
    Join Date
    Oct 2017
    Posts
    21

    Default Re: Switching Attorneys

    Thank You

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