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attorney lien question (please) - moneyisevil - 06-26-2017

In California, I have a lengthy workers comp case (over 5 years). Anyways, I fired my attorney of 6 years, because his refusal to communicate with me, and also either lying or incompetent over handling of negotiations. I say this, because turns out the defense was attempting to commincate and my attorney was saying there was nothing coming from the other side, this went on for who knows how long. But put this aside for now.

Ok, here is my issue.

Fired attorney, signed paper stating I was no longer represented, now attorney files a lien against me (CA workers comp appeals court). The lien is for tens of thousands of dollars. I don't want to give the exact in case he or she reads this forum.

Lets say the lien is 30k, and I settle my case for 50k ... does this mean the attorney gets 30k ... or does the lien have to follow the original agreement of 15% ... so this would be $7500 and not 30k? Will a judge possibly make a fair reasonable amount , like ratio of settlement monies to fees?

I have not filed an objection as of yet, and will probably make contact with attorney to discuss their fee when and IF the case is ever close to settling.

I plan on representing myself for the rest of the case.

Thank you,

Moneyisevil


RE: attorney lien question (please) - 1171 - 06-26-2017

The atty fee guidelines give 12-15% range unless the evidence of services performed support otherwise.
objection can be made at time award submitted.
http://www.dir.ca.gov/t8/10775.html
http://www.dir.ca.gov/wcab/WCAB_Policy_ProcedureManual/WCABPolicy_ProcedureIndex.html


RE: attorney lien question (please) - moneyisevil - 06-26-2017

(06-26-2017, 01:14 PM)1171 Wrote: The atty fee guidelines give 12-15% range unless the evidence of services performed support otherwise.
objection can be made at time award submitted.
http://www.dir.ca.gov/t8/10775.html
http://www.dir.ca.gov/wcab/WCAB_Policy_ProcedureManual/WCABPolicy_ProcedureIndex.html

thank you for replying to my issue / question.

I see, unless there is evidence of services performed. Maybe I am reading this wrong, but services would possibly mean outstanding bills the attorney has absorbed and is seeking these be covered. However services such as email, telephone, and fax communication would be part of the services / duties normally found in a workers comp case, and not outside the normal or reasonableness of handling a case. As far as I know, all outstanding bills have been paid by the defense. Also there has been no ... movement on my case in 2 years, so its highly unlikely there is anything outstanding.
The evidence this attorney attached to the lien is just records of communication over a 6 year period.


RE: attorney lien question (please) - California_Help - 06-26-2017

(06-26-2017, 03:32 PM)moneyisevil Wrote:
(06-26-2017, 01:14 PM)1171 Wrote: The atty fee guidelines give 12-15% range unless the evidence of services performed support otherwise.
objection can be made at time award submitted.
http://www.dir.ca.gov/t8/10775.html
http://www.dir.ca.gov/wcab/WCAB_Policy_ProcedureManual/WCABPolicy_ProcedureIndex.html

thank you for replying to my issue / question.

I see, unless there is evidence of services performed. Maybe I am reading this wrong, but services would possibly mean outstanding bills the attorney has absorbed and is seeking these be covered. However services such as email, telephone, and fax communication would be part of the services / duties normally found in a workers comp case, and not outside the normal or reasonableness of handling a case. As far as I know, all outstanding bills have been paid by the defense. Also there has been no ... movement on my case in 2 years, so its highly unlikely there is anything outstanding.
The evidence this attorney attached to the lien is just records of communication over a 6 year period.

If you received PD then the insurance carrier already put aside the 15% of that. If you compromise and release your case the judge will decide how much of the fees will be due.


RE: attorney lien question (please) - moneyisevil - 06-26-2017

If you received PD then the insurance carrier already put aside the 15% of that. If you compromise and release your case the judge will decide how much of the fees will be due.
[/quote]

Thank you for replying to my issue / question. Ok, time will tell.


RE: attorney lien question (please) - 1171 - 06-26-2017

(06-26-2017, 05:45 PM)moneyisevil Wrote: If you received PD then the insurance carrier already put aside the 15% of that. If you compromise and release your case the judge will decide how much of the fees will be due.

Thank you for replying to my issue / question. Ok, time will tell.
[/quote]

you should also file a complaint with the state bar. this would support your contention of poor or inadequate service. you can cite various sections of the state's atty ethics code.
more here
http://www.calbar.ca.gov/Public/Complaints-Claims
http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Ethics


to search for a new atty that specializes in comp you can start here
Caaa.org


RE: attorney lien question (please) - moneyisevil - 06-26-2017

you should also file a complaint with the state bar. this would support your contention of poor or inadequate service. you can cite various sections of the state's atty ethics code.
more here
http://www.calbar.ca.gov/Public/Complaints-Claims
http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Ethics


to search for a new atty that specializes in comp you can start here
Caaa.org
[/quote]

Will definitely explore this, thank you again.


RE: attorney lien question (please) - TreadingWater - 07-05-2017

(06-26-2017, 01:03 PM)moneyisevil Wrote: In California, I have a lengthy workers comp case (over 5 years). Anyways, I fired my attorney of 6 years, because his refusal to communicate with me, and also either lying or incompetent over handling of negotiations. I say this, because turns out the defense was attempting to commincate and my attorney was saying there was nothing coming from the other side, this went on for who knows how long. But put this aside for now.

Ok, here is my issue.

Fired attorney, signed paper stating I was no longer represented, now attorney files a lien against me (CA workers comp appeals court). The lien is for tens of thousands of dollars. I don't want to give the exact in case he or she reads this forum.

Lets say the lien is 30k, and I settle my case for 50k ... does this mean the attorney gets 30k ... or does the lien have to follow the original agreement of 15% ... so this would be $7500 and not 30k? Will a judge possibly make a fair reasonable amount , like ratio of settlement monies to fees?

I have not filed an objection as of yet, and will probably make contact with attorney to discuss their fee when and IF the case is ever close to settling.

I plan on representing myself for the rest of the case.

Thank you,

Moneyisevil





What made you decide to represent yourself, was it:

1. Big promises made during your initial meeting never panning out?

2. Phone calls, letters, PTP and doctors trying to get in touch with your lawyer? Their phone calls were never returned and you ended up doing all the grunt work while your attorney was hiding in plane site?

3. Catching them lying about everything, I witnessed several attorneys lying over the most basic things?

4. Leaving you in Limbo, not hearing from your attorney for two to four years wondering "what in the world is going on"?

5. The Used-Car Salesmen tactic, once you sign the papers of buying the attorney your screwed after leaving their driveway? My friend was paralyzed from the neck down because a heavy object fell crushing his back and spine. Our local Industrial Injuries did more helping than his attorney, he fired his attorney and got the same lien against his case. When the case finally was settled the new lawyer had brought forward three settlement offers while the first did nothing. The second lawyer had a mountain of paper-work with the Adjuster, first lawyer struggled to produce enough evidence backing his claim he "worked his butt off".



Judges are not dumb, they will research how much time your fired attorney actually spent. Remember if you do find a good attorney the old attorney will have to share or might get less depending on how much work the new attorney does. My friend did get 100 percent disability rating, treatment is so expensive and the second attorney proved his firm spent at minimum twenty-times the work the first attorney did. Not to be a buzz kill, five years is a very young case, with Arnold's Destruction of WC and Jerry Brown's attacks against AA so many cases take more than ten years. There are people still fighting their cases since 2000, Seventeen Years and the Insurance Carrier is hoping the IW will die, that's how ugly things can be. Lawyers must spend as little time as possible because their not getting paid what they got paid Pre-Arnold. Imagine spending fifteen years on a case only to get $5000 as attorney fees, seen that too. Good Luck!