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Ca., My lawyer will retire on me at the end of the year question - Printable Version

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Ca., My lawyer will retire on me at the end of the year question - HuskyLover - 10-11-2019

State: California

My lawyer just called me saying he is going to retire by end of year. He is sending me a packet to sign and get back to him asap in regards to transferring me to the lawyer who bought his practice apparently. My lawyer is not apart of a firm. Here are my concerns

My original lawyer will retain his 15% and this new lawyer will also get %15. Is this something that is legally permissible?

If I refuse the counsel of my lawyers replacement does my original lawyer still retain a lien on my case if I decide to find a new lawyer, outside of his replacement? Thank you in advance

B


RE: Ca., My lawyer will retire on me at the end of the year question - 1171 - 10-11-2019

probably not.
the comp court--WCAB has jurisdiction over all atty fees.
should they try to double bill your for single service, you can file an objection with the comp court.
you can find your own lawyer. talk to a couple and tell them what they are trying to do. the usual routine when lawyers are switched is they file a fee splitting agreement with the court showing how the 15% will be split.
this keeps attys from "retiring" and then "unretiring" once they get they money.
attys have the smae ethics problems as the rest of us.


RE: Ca., My lawyer will retire on me at the end of the year question - 1171 - 10-11-2019

Find attys here
Www://caaa.org


RE: Ca., My lawyer will retire on me at the end of the year question - HuskyLover - 10-11-2019

(10-11-2019, 06:54 PM)1171 Wrote: probably not.
the comp court--WCAB has jurisdiction over all atty fees.
should they try to double bill your for single service, you can file an objection with the comp court.
you can find your own lawyer. talk to a couple and tell them what they are trying to do. the usual routine when lawyers are switched is they file a fee splitting agreement with the court showing how the 15% will be split.
this keeps attys from "retiring" and then "unretiring" once they get they money.
attys have the smae ethics problems as the rest of us.

Does he still have a lien on my case considering his withdrawal prior to case completion?


RE: Ca., My lawyer will retire on me at the end of the year question - 1171 - 10-11-2019

Yes.
as i said your current atty/firm are treated as a single entity and your new atty will have to work out a fee splitting agreement.


RE: Ca., My lawyer will retire on me at the end of the year question - California_Help - 10-13-2019

I agree with 1171. From what I have seen they split the 15%. I have seen some injured workers change attorney's up to 5 times, and still they all the attorney's split the same 15% and are not allowed to pile on and each receive 15% of IW's settlement. This is also why it can be difficult to find another attorney, they know their fee will be split.


RE: Ca., My lawyer will retire on me at the end of the year question - Kellie - 11-27-2019

If you don't think he is effective don't be shy, go shop for another one, There is nothing worse than paying an attorney for doing nothing.

Good Luck,
Kellie