Can I Fire My Workers' Compensation Lawyer?

If your workers' comp attorney is not living up to your expectations, it's natural to consider getting a new lawyer. But don't act too fast. If you're unhappy with the pace of your workers' comp case or the settlement offers made by your employer's insurance company, that may not be your lawyer's fault.

What to Consider Before Firing Your Workers' Comp Lawyer

Workers' comp cases are notorious for moving slowly and some workers' comp insurance companies are known for making low-ball offers. That means you might want to give your attorney some latitude in how they handle your case. After all, they're professionals and they navigate this system every day.

That said, if your lawyer doesn't seem to be doing any work on your case, isn't responding to your phone calls (and you're not calling too frequently), or doesn't seem to know enough about workers' comp laws in your state, you may be smart to consider changing lawyers.

Legitimate Reasons to Consider a New Attorney

Before making a decision, it's important to distinguish between systemic delays and genuine attorney negligence. Red flags that might warrant a change include repeatedly missed deadlines, failure to file crucial paperwork, communication breakdowns where days or weeks pass without responses to questions, or discovering your attorney has little actual workers' compensation experience despite initial claims.

Another concerning sign is if your attorney appears unprepared during hearings or depositions, lacks familiarity with your medical records, or seems overwhelmed with their caseload to the point of confusion between clients. These situations can directly impact the outcome of your case and potentially justify seeking new representation.

How to Fire Your Workers' Comp Lawyer

It's usually a bad idea to fire your lawyer out of the blue. Before terminating the relationship, try scheduling a direct conversation with your attorney about your concerns. Prepare specific examples of issues you've experienced and ask for explanations. Sometimes what appears as neglect might simply be miscommunication about the natural timeline of workers' compensation cases or a failure to manage expectations properly.

But if you're convinced that your attorney isn't the right person to represent you, you can write, email, or call their office and simply state that you wish to terminate your attorney-client relationship. Ask your attorney to send you any files related to your case (or forward them to your new attorney, if you have one).

Financial Considerations When Changing Attorneys

Don't be surprised if you receive a bill from your former attorney for case-related expenses, including copy expenses, medical record requests, deposition costs, postage, and travel. Attorneys' often require reimbursement of these items regardless of whether you win or lose your case, and these are charged over and above the standard 15% (or so) fee. Consult your fee agreement for specific details.

Many states have regulations about how fee disputes between clients and attorneys are handled in workers' compensation cases. Some states require these disputes to go through a workers' compensation judge for resolution. Understanding these rules before terminating your relationship can help set proper expectations about potential financial obligations.

Financial Considerations When Changing Attorneys

Don't be surprised if you receive a bill from your former attorney for case-related expenses, including:

• copy expenses
• medical record requests
• deposition costs
• postage, and
• travel.

Attorneys' often require reimbursement of these items regardless of whether you win or lose your case, and these are charged over and above the standard 15% (or so) fee. Consult your fee agreement for specific details.

Many states have regulations about how fee disputes between clients and attorneys are handled in workers' compensation cases. Some states require these disputes to go through a workers' compensation judge for resolution.

Complications Around Finding Another Workers' Comp Lawyer

You may have trouble finding a new workers' comp lawyer if you decide to fire your lawyer. That's because your new lawyer will have to split the attorneys' fee with the old lawyer. And in most states, workers' comp is limited to a small percentage of the permanent disability payments you win, usually as little as 10% to 15%.

A good workers' comp attorney is able to turn down cases that don't promise to bring in a big fee, and because the attorneys' fee will have to be split between two lawyers, yours will become one of them, even if your permanent impairments are serious. On top of that, when prospective lawyers hear that you fired your last lawyer, they may think you're difficult to work with and be reticent to work with you.

Strategies for Finding New Representation

If you're intent on switching lawyers, make sure find a lawyer who's willing to take your case first. Interview a few lawyers and ask questions to make sure the problems you had with the old lawyer won't happen again with the new lawyer.

When meeting potential new attorneys, be honest about why you're changing representation but focus on objective problems rather than personal grievances. Bring copies of important case documents to these consultations so the new attorney can quickly assess the status of your claim and any upcoming deadlines.

Consider asking specifically about communication policies, case management approaches, and how frequently you can expect updates. This helps establish clear expectations from the beginning of your new attorney-client relationship.

Timing Considerations When Switching Workers' Comp Attorneys

The timing of changing attorneys can significantly impact your case. Switching representation shortly before a hearing, mediation, or important deadline can potentially delay proceedings or create complications. If possible, plan your transition during a relatively stable period in your case to allow your new attorney adequate time to review your file and prepare properly.

Remember that your new attorney will need time to get up to speed on your case details, medical records, and claim history. This learning curve is unavoidable and should be factored into your decision-making process, especially if you're already frustrated by delays in your case.