If you are not satisfied with the results of your employees’ compensation representative, you can always change your lawyer, even in the middle of a case. But before you end your lawyer-client relationship, you should consider the consequences of this step, how it can affect your case and when it may or may not be a good idea. Can I fire my workers comp attorney?
Reasons for changing lawyers
There are several common reasons why clients want to switch to another Employee Compensation Lawyer. Here are some of these reasons:
- The case takes too long to resolve – matters regarding employee compensation do not resolve quickly. Sometimes, even simple applications, such as medical records, can take over a month. However, if you think that delays in your case are related to your representative, not your typical timeline, you can switch to another representative.
- Problems communicating with your lawyer – you should feel free to talk to an employed lawyer, and this person should be easily available to answer any doubts. If you rarely get a representative or his office is reluctant to receive calls or emails, you can try to use the services of a representative who has more time to communicate.
- Your lawyer does not specialize in employee compensation – It is important that the lawyer employed in your case understands the provisions on employee compensation in New York. If you are unsure about your lawyer’s experience and ability to understand these laws and regulations, consider moving to a lawyer who does.
What happens to the prosecutor’s fee if I release my lawyer?
As you undoubtedly learned when you hired your first lawyer, employer lawyers usually work for some of the benefits that the client receives as part of an award or settlement. State law regulates attorney fees in employee compensation cases, and many states set a percentage limit and / or the total amount they can charge – typically between 10% and 20% of benefits. When more than one lawyer worked in a case, lawyers divide this fee according to the amount of work each has done. If they cannot agree on the distribution of fees, the dismissed lawyer may file a “lawyer pledge” regarding your employee and apply to the court for a fee after the case is resolved.
How to fire your lawyer?
Write a letter to the lawyer containing the following information:
- Tell him clearly that he is immediately released.
- Change your postal address from his office to your address. Tell L&I the same.
- Ask for a copy of your representative’s file.
- You can substitute your representative for yourself or another representative. If you replace your representative with another one, he can take care of this letter and the new correspondence address.
If you change your lawyer, the total maximum lawyer fee for any employee compensation case is 20%. After changing lawyers, the lawyer’s fee does not increase. Lawyers will have to work out a 20% split between them.
Lawyers are different. They differ in their knowledge of the law, skills, competence, integrity and the reasons why they represent injured employees. The goal matters.