Has anyone on here had to fire their attorney and find a new one. I have asked around a ton, and cannot find anyone to answer me one question. How much will it cost me to fire them? How much am I liable for monetarily? How much money will be coming out of my pocket if I tell them that I no longer require their services? How much DOUGH?

I have called other lawyers and they seem to not be willing to answer without knowing the entire story of how I got hurt, where, who is my attorney, who is the WC insurance company, what is my phone # and address, blah blah blah. I do not hesitated to give pertinent information, but the extras seem to me that they are just not wanting to possibly upset a friend (the current attorney) by helping me get some simple information that may speed up the process of FIRING MY ATTORNEY.

Please help if you have been through this mess before.

In Kentuck, the WC fees are set by the Labor Cabinet. So there's not enough money to go around in WC cases as it is. This may be why new attorney offices are asking so many questions. they're trying to see how much fee is exhausted.

If all the fees have been paid out to start the case and almost all the work is done, or a lot of hours are on the file, then there may not be any fee money left for a new attorney.

But if you pick your file up or another attorney takes the file, the charges should go with the file. Your new attorney will pay the old attorney when the case is settled.

Attorneys take WC and Plaintiff cases on contingency basis here; meaning, they don't get paid if you don't get paid.

If you're dissatisfied and there's no mending the fence, then you should pick your file up. You own it. They're working for you. And attorneys are not trying to win a popularity contest either. They have an inherent understanding that their own clients are not going to be happy with the outcome in most cases. They have a thick skin for disgrundled clients.

You may want to call your Department of Workers Comp, Labor Cabinet, and see if someone there can give you guidance about your state's regulations. I'm sure they've heard the name before if your attorney has had problems before. They may not tell you what they know about your attorney, but they know. I'm sure your DOL have guidelines for changing attorneys in midstream. There's probably some built-in rules so the first attorney will get paid. Your old attorney will probably file a lien on your case.

Sometimes we just don't like our situation and no attorney can help us. I don't think lawyers intentionally sabatoge a case. I do think a lot of them are lazy, though. Do as little as they can get by with and sometimes it pays just as well. Or maybe inexperienced. It is just a practice too, you know.

We also have the KY Bar Association that someone can file a complaint with, regarding an attorney's actions or lack of ability and experience. Not much for you there, though. It's just disciplinary action if need be. It'll cause your attorney to lose some sleep, maybe, or cost some money. That'll really **** your attorney off.

There is also legal malpractice. Good luck finding an attorney to sue an attorney. In one deposition regading a legal malpractice, the gentleman testified he had to go to 75 attorneys before he found one to take his case, and he had a good case.

Hope you can get the wrinkles ironed out.

i added some suggestions on the RSD forum , but also looked at the KY wc site.
here is something -
[Department of Workers' Claims Constituent Services

In order to help the public better understand the Kentucky Workers' Compensation System, the legislature in 1994 created the Workers' Compensation Ombudsman program. The role of an ombudsman is spelled out in KRS 342.329. Generally the ombudsmen provide five functions:

Serve as a neutral and reliable information source for employees, employers, medical providers and other program participants.
Respond to inquiries and complaints about the system and participants in the program.
Advise all parties of their rights and obligations under Kentucky Workers' Compensation Law.
Mediate disputes.
Perform other duties as required by the Commissioner.
In 1996, the legislature created the Workers' Compensation Specialist program to further assist the public as a low-cost means to resolve disputes as to entitlement to benefits and expedite delivery of service to injured workers. Specialists perform many of the same duties as the ombudsmen. In addition, specialists:

Assist workers in obtaining medical reports and other documents necessary for a claim for benefits and assist in completing claim forms.
Facilitate evaluation of injured workers to ascertain the feasibility of vocational rehabilitation.
All ombudsmen and specialists are knowledgeable about Kentucky Workers' Compensation and applicable procedures. Ombudsmen and specialists are located in five sites in Kentucky. ]
more-
http://www.labor.ky.gov/workersclaims/specialists.htm

I really suggest looking thru that whole site to get familiar with it all, so much varies from state to state.
Use the resources they have listed, make calls, take notes & names etc.

I would like to know how also,mine seems to be doing nothing,I'm having trouble getting an appointments,answers to my questions,I need a new one myself, I just hate this w/c stuff,I miss my old life,just half to hang in there and keep looking for answers.

As said by others, it varies state to state, however...you should not have to pay any fees out of pocket as the state sets aside a maximum fee that the lawyer will get from your settlement. In CA. I am allowed 3 lawyers max. I fired my first lawyer after the first 8 months & have had my 2nd ever since (I just passed the 4 yr mark from the date of my injury) but I am considering getting my 3rd since it has dragged on so long that I had to give up my home & life in CA & move back to my parents in WA. where the laws are different, so my CA lawyer is unfamiliar with the laws here as well as the doctors, etc. & even though my case remains under CA laws, I am being treated by WA doctors/pharmacies, etc., so it has gotten very complicated. All WC Lawyers are hard to reach & it feels as if nothing is ever getting done. WC makes it so hard to get anything done as they do their best to STALL, STALL, STALL in hopes that you give up or croak before they have to pay you anything. They inundate everyone with so much paperwork, denials & delays that good doctors are refusing to take us on as patients & lawyers take too many clients to try to make more money because they don't typically get much for their fee in WC cases. Stay on your lawyer, educate yourself on the laws in your state, get copies of everything from each medical visit, specialist exam, AME, QME, etc. & require your lawyer to send you copies of everything they get (they should anyway but often "forget"). It often helps to set up appointments with your lawyer on a monthly basis to go over the latest updates. These can be done via phone if like me it is too hard to go to their office (although you should see them face to face from time to time so you stick in their brain). KEEP NOTES OF EVERY MEETING, YOUR QUESTIONS & THINGS ON THE AGENDA & FOLLOW UP TO MAKE SURE THEY HAVE GOTTEN DONE OR SEE WHERE THEY ARE IN THE PROCESS! THIS IS VERY IMPORTANT & LETS YOUR LAWYER KNOW THAT YOU ARE ON TOP OF IT & EXPECT HIM/HER TO BE AS WELL. Try not to be too impatient & don't be rude but convey your concerns & expectations clearly & let them know how these delays are effecting your life negatively & how important it is to keep your case moving forward. Insist on getting what you need, be it medications, a new doctor or test, etc. YOU HAVE TO BE YOUR OWN ADVOCATE & YOU HAVE TO MAKE SURE THINGS ARE GETTING DONE, even if they are moving slowly...keep pushing them to move forward! Find out how many times you are allowed to switch lawyers & change if you have to but beware that it can delay your case 6 or more months when you switch, so it pays to see if you can get somewhere with your current one first. Your lawyer should ALWAYS BE AVAILABLE FOR YOU! It may not be immediately, but they should get back to you in a reasonable time frame. REMEMBER, THEY ARE WORKING FOR YOU! Good luck!

Very nice post with a ton of informative information. I really appreciate the fact that you approach these topics from a stand point of knowledge and information
instead of the typical “I think” mentality that you see so much on the internet these days.

While working as a w/c claims examiner the most frequently asked question early on in a claim's life was "Will I need an attorney?" I used to answer with "I can't advise you on the answer to that, but I can tell you that once you have attorney representation you will no longer be able to call me with your questions." Even so, represented claimants would call about late checks (forwarded to attorneys who held onto them) and they would call and ask what they should do about an attorney who won't call them back. I could help them with neither issue once they were represented.

My off-the-record-advice is if you don't need an attorney, don't hire one! It is often totally unnecessary to hire an attorney to get the treatment , lost time benefits, and permanent disability assignment that the law allows. And hiring an attorney unfortunately often has the negative effect of slowing down the entire claims process.

Signals that you may need attorney representation are:

1. Denial.
2. Change in direction of claims decisions contrary to the history of the claim.
3. Non-payment of wage replacement (TTD) benefits.
4. Lack of cooperation with claims person. I would recommend asking for a new claims handler first, however.
5. Foot-dragging on determining extent of permanent disability.
6. Refusal to authorize necessary treatment.
7. Violation of any part of the w/c statute.
8. Employer exerting undue influence on claims decisions.
9. Premature claim closure.
10. Claims complicated by collateral or unrelated health issues.



As for hiring and firing attorneys, and who gets what, in many states I believe the attorneys have to hash that out at claim settlement. The advice you have received here seems to be aiming in the right direction, that perhaps you need to speak with an ombudsman at your state's industrial insurance center to find out what will happen when you change attorneys. And do remember that Attorney "B" will be unable and unwilling to provide an estimate of what Attorney "A" will be paid for many reasons. I would ask Attorney "A" if they could advise you of the costs you have currently on the books and go from there. And remember that you don't have to give a detailed reason of asked why you are firing the attorney . . . just tell them you don't feel it is a good professional fit or that it is a confidence issue.

I suggest if you;re having problems with your current attorney, you talk to him about it, then ask what the fees would be if you hired someone else.
I am sure you need to reimburse him for the fees he paid, i.e. to get your medical records etc.