Legal Question in Civil Litigation in California

Re: I'm not sure but conflict of interest might be part of it.

The company should not have hired him while litigation was active.

Your new attorney should explore your options. Often, law firms which hire new attorneys will establish an ethical wall so that a new attorney will not handle or discuss matters that deal with a former adversary. Before you let him withdraw, you might want to secure something in writing establishing that there is such an ethical wall in place.

It certainly smells bad. He should have known not to take the job while litigation is pending. I certainly would question whether he is selling you out by doing so.

Re: I'm not sure but conflict of interest might be part of it.

Mr. Cohen properly addressed the conflict of interest issue. However, please allow me to discuss another aspect to your question.

I practice both workers' compensation and personal injury law. Based only upon your question, if in fact your attorney did advise you that your employer cannot deny your claim, he is incorrect.

An employer CAN deny a work-related injury claim. In fact, they deny claims routinely.

With regards to the conflict in interest, your question did not identify whether the defendant represents your employer directly or it's insurance carrier. This may make a difference. There are many workers' comp firms which represents both injured workers and defendant insurance companies. If your attorney represents your employer directly, then what Mr. Cohen said in his response absolutely applies. If on the other hand he also represents the insurance company, but not on your matter, then Mr. Cohen's reponse may apply. Since I only represent the injured worker, I am not sure how the said-above firms deal with potential conflicts.

Should you have further questions, please do not hesitate to contact our office at 818.385.0520.