Legal Question in Workers Comp in Kansas

professional responsibility

I have a herniated disc injury that occurred almost 2 years ago. I have been receiving TTD benifits and medical treatment. I have decided to settle my case for a lump sum. My question is, my attorney is not pursuing my case aggressively or returning my calls in a timely manner. Can i fire my attorney and hire another attorney and what is the procedure?

Asked on 3/06/01, 9:38 am

2 Answers from Attorneys

Jim Wright Wright Law Office

Re: professional responsibility

You can terminate your attorney but the attorney would have a lien against any recovery you would obtain. I suggest you call the attorney and advise that you want to settle. That should get some action. If you get no response, write a certified letter to the attorney terminating your attorney-client relationship and demanding return of your file. If no response, contact the Disciplinary Administrator's office in Topeka.

This response does not create an attorney-client relationship, nor is it legal advice. I hope this has been helpful. Jim Wright.

Read more
Answered on 5/10/01, 10:39 am
Tim Elliott Elliott Law Firm, L.C., Attorneys At Law

Re: professional responsibility

I agree with Jim Wright's answer, but believe the attorney's lien would probably only apply to any existing settlement offer. Depending on the degree of work performed and other factors, a new attorney would probably be entitled to a contingency on any settlement or award in excess of the existing settlement offer. Ultimately, the lien could be decided by the administrative law judge assigned to the case. Have you received a rating from a doctor of your choice? If so, the settlement will typically be between the ratings received from carrier's doctor and your doctor. If not, it is usually worthwhile to obtain another rating for the purposes of settlement negotiation, especially for a back case. Obviously, each case will vary, and needs to be individually evaluated, so these general comments may not apply to your case. It is usually best to stay with your attorney, so I would suggest that you exhaust every effort to re-establish communication and obtain a satisfactory explanation of the status of your case before changing attorneys.

Read more
Answered on 5/10/01, 12:40 pm

Related Questions & Answers

More Workers' Compensation Law questions and answers in Kansas