Legal Question in Workers Comp in North Carolina

Insufficient Attorney

I have a Workers Comp case. I have been out for almost 2 years with a back injury.My attorneys office is truly pathetic , I have NEVER actually met my attorney in person or on the phone.I can't even get them to make calls to my adjuster. Do I have rights to change attorneys?.. if--name removed--at what cost?.My case is in NC I reside in NJ now because of the attorneys inability to insure my payments.


Asked on 2/29/08, 1:26 pm

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Insufficient Attorney

You have the right to change attorneys as often as you like. Having said that, we typically ask folks to schedule a meeting with their attorney before ending the relationship to see if the difficulty can be overcome.

Depending on whether the attorney has already been paid, or is getting paid, or has yet to be paid, he or she may have the ability to be paid for their hourly time in the file up to the date ending the relationship. However, this amount is usually only paid once the case is settled either on the ratings or via final settlement agreement.

No new attorney should undertake to represent you unless and until an Order is obtained form the North Carolina Industrial Commission allowing the old attorney to withdraw. They must also approve payment of all atty fees. You can link to the NCIC website via our links page at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Bd. Certified Specialist in NC Workers' Compensation Law

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Answered on 3/03/08, 3:28 pm


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