Can I fire my workman comp lawyer?

Question

if my workman comp lawyer is not doing what I think should be done can I fire him and is there still a charge

Answer 1

just let him know  

Answer 2

Did you already pay him a retainer?  You won't get that back if you fire him.

If you haven't paid a retainer, and you probably haven't as most work for a 1/3 of what they'll get you, then there is nothing he can do if you decide to go with someone else.  Unless he's already been offered money by the defendant and you have decided to reject their offer--then things could get more complicated.

Your best option might be to go talk with another lawyer that you would like to replace your current one with.  He'll certainly know what you'd need to do and I'm sure he'd be more than happy to help.

Bear in mind he might not be doing what you think he should be because you don't have a great case.  I'm sure you know whether or not you are actually injured so that last sentence may not apply to you at all.  I apologize if you are really hurt, but if you're not--get back to work!

Answer 3

If you hired him on an hourly basis, you owe him what he's done so far and yes, you are free to fire him.

If you hired him on a contingency basis, then you can still fire him but he is owed whatever work he has done so far on your case, usually on his regulary hourly fee (which should be stated in the retainer agreement), or whatever fee your state workers' comp law allows.

Answer 4

Of course you can fire them.  However, they are still entitled to a reasonable fee on the services already performed; that will be collected at the end of your comp case.