Legal Question in Workers Comp in Illinois

Dismissing an attorney with retainment contract

I injured my back in May 2001. I tried conservative treatment and all failed. I had surgery in Dec. 2002 with anticipation of returning to work by middle to end of Feb. 2003. I am still unable to work, I have chronic adhesive arachnoiditis with a prognosis of possible but not probable improvement. I take large doses of morphine to obtain tolerable pain control. Limitations are related to pain, I believe, although deconditioning plays a part. Work comp doctor said go back to work with weight restrictions and get off narcotics. Have seen two pain specialists and my surgeon agree with diagnosis of arachnoiditis and agree that work is not possible. Therefore work comp stopped TTD and medical bill payment last fall. I currently receive social security disability. My attorney has drug his feet due to a personal crisis, at least I feel he is. He did finally file claim with industrial commission last May, I think....I do not know that for sure...I really just want to get this over with. If I chose to retain a different attorney, am I still obligated to my retainer with current attorney? It has been over 3 years since injury, and 1 1/2 years since surgery without improvement and overall worsening. What should be happening?


Asked on 7/13/04, 10:22 pm

2 Answers from Attorneys

Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Dismissing an attorney with retainment contract

Your question is too complicated to answer in an email. Please feel free to call me at 877-CompJoe (266-7563)

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Answered on 7/20/04, 4:20 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Dismissing an attorney with retainment contract

Generally speaking, the new attorney and the old attorney work things out regarding fees. Your total fee is still 20%. Please feel free to call my office at 312-357-1431 if you would like to discuss this matter.

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Answered on 7/13/04, 11:07 pm


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