Can I fire my work comp attorney and get out of the contract I signed? 16 Answers as of October 30, 2012

My husband has had 8 back ops over 20 yrs. He was on SSD for 9 yrs., and then went back to work for 9 yrs. 2 yrs ago he went back on SSD when pain was unmanageable. We hired attorney after a SCF IME went bad. My husband is now in hospital and surgeon wants to operate. I called attorney to help get SCF approval and was treated badly. He questioned need for op and spoke to me like I was an uneducated bother. How can I fire him after signing contract giving him 20%? He has only sent one email and collected our monthly SCF payments which he forwards to us.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Just fire him. Go to another attorney, and if the lawyer agrees with you, send a letter to the first lawyer terminating the contract. If people can get divorced, then they can fire lawyers.
Answer Applies to: Michigan
Replied: 10/30/2012
Law Office of Melvin Franke | Melvin Franke
Send a letter discharging him and ask for the file.
Answer Applies to: Missouri
Replied: 10/26/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
Yes, you can always fire your attorney. The attorney may have a right to get paid for the work he has done. However, usually this comes out of your settlement and is worked out between him and your new attorney. You might want to have a meeting with the attorney to express your concerns. The attorney really can do nothing to get the operation approved except to ask for a hearing with the workers comp commission, which will take months. Until then it is up to the insurance adjuster.
Answer Applies to: South Carolina
Replied: 10/25/2012
Gates' Law, PLLC | Thomas E. Gates
The attorney is not your attorney, but rather your husbands. Read the terms of the agreement that was signed and, it will tell you what is owed the attorney if he is discharged.
Answer Applies to: Washington
Replied: 10/25/2012
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
A client always has the right to terminate the retention of an attorney. You may be responsible for the reasonable value of his services to date. That may be determined by the WC judge. If you seek representation from another WC attorney, he or she can tell you how this works in terminating attorney A and hiring attorney B. Be sure to get in writing how the fees are going to work. Ordinarily WC attorneys charge 15%, but there may be extraordinary services to make it higher. Not sure why you signed an agreement for 20%. Again, discuss all of this with your new WC attorney. They will take care of the termination and substitution of attorneys. You will not have to speak to your current attorney again. It can all be done in writing.
Answer Applies to: California
Replied: 10/25/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Send him a letter, discharging him, and then go hire one you would have confidence in.
    Answer Applies to: Florida
    Replied: 10/25/2012
    There is a one page form called a "Dismissal of Attorney" form. It is easy to complete and then you have fired your attorney. He must give you your file within a reasonable amount of time.
    Answer Applies to: California
    Replied: 10/25/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can fire your attorney at any time for any reason or no reason. Just do it.
    Answer Applies to: North Carolina
    Replied: 10/25/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can fire him at any time. You can hire a new attorney who will work the fee split with the old attorney and not charge you more.
    Answer Applies to: Connecticut
    Replied: 10/25/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    It is easy to fire the attorney and find a new one. Just have to send the attorney a letter stating that their services are no longer needed. You will also want to request the file from the old attorney.
    Answer Applies to: Illinois
    Replied: 10/25/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should communicate with your current lawyer both orally and in writing to express your concerns about his legal representation and your desire to get another lawyer. Perhaps, he may withdraw from your case willingly.
    Answer Applies to: Indiana
    Replied: 10/25/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't fire him, he's not your lawyer. Your husband can, but it sounds like you expected the lawyer to instantly get SCF approval instantly just because you picked up the phone and that's not realistic. Maybe that's why he spoke to you the way he did.
    Answer Applies to: New York
    Replied: 10/25/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Yes. Should you? Who knows but, you can always fire an attorney whenever you want. Good luck.
    Answer Applies to: New York
    Replied: 10/25/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Yes, but your prior counsel has a right to get paid.
    Answer Applies to: Michigan
    Replied: 10/25/2012
    David Heller, Attorney at Law
    David Heller, Attorney at Law | David Heller
    Are you an injured workman from the State of Texas? The arrangements you made with your attorney and the terminology you are using do not appear to be typical for a Texas Worker's compensation claim. Each state has their own worker's compensation laws, and any advice given to you would only be applicable to the State of your injury. So, please write back and tell me the State in which you were injured.
    Answer Applies to: Texas
    Replied: 10/25/2012
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