If you are unhappy with your workers’ compensation lawyer, you might wonder if it’s possible to switch attorneys. The good news is you can change lawyers at almost any point in your case. However, it is important to understand the possible consequences and how it could affect your case before making a decision.
Reasons You Might Consider Changing Your Lawyer
There are several reasons workers may think about firing their lawyer. Common issues include poor communication, lack of experience, or feeling that the lawyer is not putting enough effort into the case. Sometimes, attorneys handle sensitive information incorrectly or fail to provide updates about your case. If your lawyer makes mistakes with important details, like names, dates, or facts, this can also be a reason to look for a new attorney.
Other situations may include requests that make you uncomfortable or actions that seem unprofessional. These are valid reasons to consider a change. It is important to assess whether your concerns are about your lawyer’s abilities or if they are caused by delays or issues in the workers’ compensation system itself.
When It Might Not Be the Lawyer’s Fault
Workers’ compensation cases often take a long time. Requesting medical records can take weeks, scheduling an independent medical evaluation may take even longer, and courts are frequently backed up. A new attorney cannot make these processes move faster.
Frustration over delays is understandable, but it does not always mean your attorney is underperforming. Making a decision to switch lawyers without considering these factors may not improve the speed of your case and could even extend the timeline if done close to a hearing.
Things to Consider Before Firing Your Workers’ Comp Attorney
Switching attorneys does not usually increase the total cost of your case. Most lawyers charge a percentage of the settlement, often between 10% and 20%, depending on the state. If more than one attorney works on a case, the fee is split based on the time and work each attorney has contributed.
Changing lawyers can make finding new representation more complicated. Some lawyers are hesitant to take over a case if the fees are reduced or if the case is near completion. A gap in representation can also create delays. Make sure you have a new attorney ready before ending your relationship with your current lawyer.
How to Fire a Workers’ Comp Attorney Properly
Firing your attorney requires following the rules set by your state. Usually, this involves notifying your current lawyer in writing that you want to end the relationship. You may also need to submit official forms for dismissal of legal counsel. Following these steps carefully ensures the transition does not create complications in your case.
Clear communication with both your current and future attorney is important. The previous lawyer should provide all relevant information and documents to the new attorney so your case can continue without unnecessary delays.
How to Find a New Workers’ Comp Lawyer
Finding a replacement attorney involves careful preparation. Start by reviewing how much time is left in your case and the potential size of your settlement. Organize your case files and any relevant documents to make it easier for a new lawyer to review your situation.
Learn from the issues you experienced with your previous attorney. Look for a lawyer who has a track record of success in workers’ compensation cases and who communicates clearly. A consultation, preferably free, is a good way to understand how the new attorney works and to assess whether you feel comfortable with them.
Tips for Choosing the Right Attorney
Focus on finding an attorney who is experienced and knowledgeable about workers’ compensation cases. Communication should be consistent and clear, and the lawyer should be transparent about the steps they will take to move your case forward. Trust your instincts when meeting a potential lawyer, and ask to see a plan of action for your case. Organization, attention to detail, and transparency are good signs that you will have a reliable attorney-client relationship.
Let Hinden & Breslavsky Review Your Case
You can fire your workers’ comp lawyer, but it requires careful consideration to avoid complications or delays. Poor communication, lack of experience, or unprofessional behavior are valid reasons to change, but slow progress is often part of the system, not a reflection of your lawyer. Make sure you understand the financial and procedural consequences, follow state rules, and secure a new attorney before ending your current relationship.
If you are unsure about your current attorney or need guidance, call (323) 954-1800 to schedule a free consultation. An experienced workers’ compensation lawyer at Hinden & Breslavsky can review your case and help ensure you get the compensation you deserve.