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Old 01-09-2009, 09:13 PM
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GalenaFaolan GalenaFaolan is offline
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Join Date: Dec 2006
Location: Florida
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GalenaFaolan GalenaFaolan is offline
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GalenaFaolan's Avatar
 
Join Date: Dec 2006
Location: Florida
Posts: 445
15 yr Member
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Here's the site for work comp statutes in KY. If you didn't already have it. Lots of drivel but you can find stuff buried in it. http://www.workerscompensation.com/r...ky&Parent=2304

Here's one that addresses how they figure attorney fees into settlement. This has nothing to do with you switching attorneys, but something everyone should know. http://www.workerscompensation.com/r...nt=2312&title=

This is the main page to The Ky Work Comp Rules which is different from the statutes it appears. http://www.workerscompensation.com/r...ky&Parent=2312

On another board found a switching attorneys question.
Quote:
I just read if your attorney isn't working for you fire him and get another. Wondering if I am liable for any fees since he was to work for a percentage. Answer: yes. When benefits determined fees are split.
Which means when you settle the first lawyer would get X amount for his time, as I see it. Original link: http://www.workerscompensationinsura...ad.php?t=21923

On this page: [quote]"Mr. Austin, what will be the consequence if I switch attorneys after we file a complaint?" Return to Index

David Austin: "Maggie, there are a lot of things to think about. First, if you are switching attorneys make sure that you are comfortable with your reasons.

"In some states the first attorney will have a lien on the case to have his fee paid (or at least part of it). I know that in New Hampshire, for example, it is the act of filing a lawsuit that begins the lien right. Now, how much the attorney gets paid depends on the amount of work done, usually. You should never be in a situation where you are paying two lawyers, say, 30 % each. Something would have to be worked out.

"You also have to consider how it might affect your case in the court house and whether you have another attorney to continue the case. You should talk with the attorney willing to take over the case and ask him or her what will happen if they take it over, how is the fee handled. Put this stuff in your fee agreement.

"Sometimes it is better to switch because you end up with a more qualified attorney. Sometimes it is not, because you end up with someone who will not work the case."
Link: http://community.lawyers.com/chat/ch...chatId=193#one

This one addresses changing lawyers: http://www.tba.org/LawBytes/T1_1004.html

Your best bet would be to find another lawyer that is going to fight for you and ask him the rules in Ky and how much might end up going to the 1st one. There seems to be a consensus about switching though.

Hope this helps you out and saves you some finger time on the keyboard. LOL

Hugs,

Karen
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fishnchef (01-14-2009), Jomar (01-10-2009)