In a work comp case can someone hire a third lawyer? I didn't think my first lawyer was doing anything to get my case going but, my second lawyer is worse than the first one. It's been over 4 years now that I injured myself at work and I had several injuries with major surgeries. I don't know where to turn anymore, everytime I call my lawyer he tells me to call back in a couple weeks, can't even tell me if the case has been to court yet, and never calls me to let me know what the status is on the case. I've had this lawyer for over a year now and never even meet him. I just want to get this all behind me and move on with my life, I lost my house over the years and would like to have a chance to move forward again......
My esteemed colleagues have said it all. Hear is the rule that requires your lawyers communication
Article VIII - Illinois Rules of Professional Conduct
Former - Repealed January 1, 2010
Rule 1.4. Communication
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
I agree with all of my colleagues.
Thomas Edison famously stated that invention was 1% inspiration and 99% perspiration. The same is true for practice before the Commission. It is NOT rocket science but it DOES require a great deal of effort.
The vast majority of work comp cases are settled. If your injuries are so serious that you have been off work for 4 years and there have been multiple interruptions in your TTD, it will almost certainly have to be tried. This means a major commitment from your attorney, in terms of time and money. He must depose your surgeon(s) which will cast $2,000.00+, each. After you win the trial, the defense will MINIMALLY seek Review (the first level of appeal) which will require another 9 months of work including another brief and preparation of an oral argument before the Commission. Your attorney CANNOT ask for any additional compensation AND MUST accept a reduced fee because one or more attorneys will have liens on the file.
There is no excuse for your having lost your home unless that was an eventuality. Your attorney could have filed an emergency motion and he could have referred you to any of a dozen companies which would have extended a bridge loan on your case.
With ll due respect, it seems incredible that after firing your attorney for refusing to communicate with you, you hired another attorney without a face-to face meeting. NO attorney in this field of practice can afford to hold your hand. That said, you MUST have the opportunity to have the process explained to you. For example, if you have never accompanied your attorney to the Commission, it is NOT POSSIBLE that any action was ever taken. Moreover, once your case has been filed for 3 years, it is AUTOMATICALLY set for trial every 3 months. Your new attorney MUST agree to continue your case every three months or it goes to trial. For the past year, your attorney has intentionally requested that your matter NOT proceed to trial, 4 times. He may have a good reason but you deserve to know.
All of this and more should have been explained in your initial consult.
Many lawyers, if not most of them, will not consider becoming a client's third lawyer on a case. Too many red flags are waving when a client has fired two lawyers. You can always ask around and see if you can find someone, but you may have great difficulty finding a lawyer to sign on as the third lawyer. Your current lawyer has a duty to communicate with you. Why don't you call his office and make an appointment to go in and see him? Write down all your questions about the case and just go down your list of questions when you have the meeting.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
You always can hire another lawyer BUT it is ALWAYS a PROBLEM because then you involve more people in sharing an already statutorily capped fee. The more lawyers involved, the less likely you are to ever find a subsequent one.
So, I urge you to talk in person with your existing lawyer and find out strategy, pros and cons, understand his or her evaluation of your case etc.
WC cases that are contested are often debilitating financially, often on purpose by the insurance company.
Demand a meeting with your lawyer. Now.
teven Adam SigmondPersonal Injury LawyerChicago, IL ·
The better question, rather than can you hire a third different lawyer, is should you. There is no limit on the number of different lawyers that you can hire. However, switching attorneys multiple times within the same case is seldom a good idea.
You can hire as many lawyers as you want. However, each time you do that new lawyer has to be brought up to speed on the case which may end up taking longer than if you had stayed with the original lawyer. Also, each preceding lawyer may have a lien for costs advanced on your case and/or for work done on your case, which means subsequent lawyers may find it difficult to accept your case knowing that any fee may have to be divided with your prior lawyers.
Joe H. PrempehPersonal Injury LawyerChicago, ILIL licensed ·
Here is what I think:
1. You have a right to be reasonably informed of the status of the case so you can make informed decisions. But since WC cases are contingencies and attorneys working on them have several other cases they split their time on, they usually don't think it is "necessary" to constantly inform you of the progress unless they have important information to give you.
2. If the first lawyer you hired spent time on the case, she/he most probably has a lien on the case to the extent of his/her billable hours spent. You have a right to know how much the first lawyer claims you owe.
3. The second lawyer must have known that there was a lien on the case (assuming there was in fact a lien from the first lawyer). This means that any settlement that happens both lawyers will have to share in the statutory limit amount.
4. So to answer your question, you can get a third lawyer but it will almost always be difficult to find someone who will be willing to take the case. The reasons are simple: a. The amount the 3rd lawyer will receive might not be enough for the lawyer to justify his expenses and time in handling the case.
5. Here is what you may consider doing: If your lawyer has indeed not informed you on the status over a long period of time, then ask for status report. Professional responsibility rules requires that he promptly complies with your request, but your request most also be reasonable.
A third lawyer might take your case after evaluation of the times both attorneys have spent on the case and determine if the time and money he/she puts in can be recouped in the end after all the other lawyers have taken their share. Preferably, find ways to work with this one, unless you think there is very little chance of progress.
