Posts: 2
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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
Posts: 10,750
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Joined: Apr 2007
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.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
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Posts: 10,750
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Joined: Apr 2007
Find attys here
Www://caaa.org
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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Joined: Oct 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?
Posts: 10,750
Threads: 95
Joined: Apr 2007
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.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
Posts: 1,588
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Joined: Jan 2014
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.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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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
