Legal Question in Workers Comp in California

Incompetent Attorney

What recourse of action is available to a claimant whose attorney is incompetent?

The areas of incompetency are, not meeting deadlines, attention to detail, etc. For example, he did not respond in writing to a claims denial letter within the alloted 30 day respond/challenge period because he had a verbal agreement with my employers attorney that my claim would be accepted. That attorney no longer works for my employer and never put anything in writing!


Asked on 5/18/04, 2:48 pm

1 Answer from Attorneys

Phillip Cooke Law offices of Phillip A. cooke

Re: Incompetent Attorney

You have the right to change attorneys. If you feel this way about your attorney, you should discuss it with your attorney promptly or get a new attorney promptly to try to avoid any damages.

As with any professional, if you feel the professional is not taking care of your best interests, you should follow your instinct and discuss it with the professional and if that does not solve the problem, you should get a second opinion. Many medical problems can be avoided if people don't simply rely on their professional if they feel there is something being overlooked. The same thing is true about a legal professional. If you think the professional is not doing the job, follow up on it before you lose your rights.

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Answered on 5/25/04, 12:09 pm


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