If you’ve noticed signs that your workers’ comp lawyer is doing a bad job, you may have decided that it’s time to get a new attorney.
But how do you go about doing that? And what are the downsides of switching lawyers during your workers’ comp case?
This article helps guide you through the process.
What to Consider Before Switching Workers' Comp Lawyers
While it’s clearly not in your best interest to have a lawyer who’s not doing a good job, switching lawyers midstream comes with certain challenges, including:
- Fee splitting. Workers’ comp attorneys usually charge a percentage of your settlement or award (known as a “contingency fee,” because your lawyer isn’t paid if you receive nothing). Nearly all states set a cap on the percentage. That means that the new and previous lawyers would generally have to split the fee according to how much work they did. This could make some lawyers hesitant to take on your case, because the fee caps are already low, and they may anticipate problems agreeing on the fee-sharing arrangement.
- Delays. A new lawyer will need time to get up to speed on your claims, and important events may need to be rescheduled. You may also need to wait for the state workers’ compensation agency to approve the change in attorneys. All of this could slow down the progress of your case.
Because of these risks, you should try your best to resolve any problems with your current lawyer. Speak up about your concerns. If you want to hear more frequently how your claim is coming along, ask if a paralegal or assistant can give you regular updates. If you’re worried about delays, ask for a clear explanation of the process.
As long as your expectations are reasonable and you avoid accusations, your lawyer should be open to working with you to improve the situation. But if the attorney is clearly not up to the task, then it’s probably time to move on.
Steps to Take Before Firing Your Workers’ Comp Lawyer
Before you actually fire your workers' comp attorney, here's what you need to do first:
- Don’t fire your current lawyer until you’ve lined up a replacement. Workers’ comp cases can move quickly at certain stages. You don’t want to be caught unawares and miss important deadlines.
- Do a thorough search for a new attorney who will do a good job for you. The fact that you’ve already had a bad experience might indicate that your previous selection process wasn’t careful enough. Learn how to find and research workers' comp lawyers.
- Once you have potential candidates, set up consultations with them, which are usually free. Make sure you prepare for the initial lawyer meetings by gathering all of the information about your case and writing down your questions. Use these consultations as an opportunity to evaluate the lawyers’ experience, knowledge, and familiarity with claims like yours, as well as their willingness to listen and explain the process in a way you can understand.
- Negotiate a fee agreement. It’s important to have a written contract stating that the new lawyer will be responsible for paying your previous attorney out of the contingency fee. The fee agreement should also explain who will pay the out-of-pocket costs of pursuing your workers’ comp case.
Inform Your Previous Attorney and Request Your File
Once you’ve hired a new lawyer, you should immediately inform your previous attorney to stop work on your case and to forward your client file to your new lawyer. If you do this in person or over the phone, make sure to send a follow-up letter or email confirming your request.
Your new lawyer may handle this for you, but you should check to make sure. Your previous lawyer may require a signed release from you before forwarding your file to your new lawyer.