Can I fire my Maryland workers compensation attorney? Can My Maryland workers comp attorney fire me?
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The relationship of an attorney and their client is optional on both sides. This means an attorney can terminate their representation of the client, but also the client can terminate the attorney as well. There are however some limitations and restrictions on both sides of the fence.
I have a work comp lawyer in Baltimore, can I fire him?
An injured worker currently being represented may chose to fire their attorney at almost any time if they are not happy with the counseling and representation that is being provided. Caution should be taken when doing so because this can often lead to delays in the case. Once the attorney is fired he or she will stop all work on the file until being contacted by a new attorney. What this means is that any progress in the case will be delayed until, first the injured worker obtains a new attorney, and second the new attorney is able to obtain records and get up to speed as to what the case is about.
When an attorney has put time, money, effort, and work into a case they are entitled to be paid for that work. The law provides that the terminated attorney is entitled to a portion of the fee when it is recovered. This fact alone may deter some new attorneys from getting involved as they would ultimately get a reduced fee.
With that being said, sometimes it is in the best interest of an injured worker to obtain a new attorney. When seeking out a new attorney it is prudent to speak with the attorney and explain exactly why the prior attorney was terminated and what your expectations consist of. If the new attorney feels they can not meet the expected standards then he can advise of the same and avoid a second change in counsel.
If you are thinking of terminated your Maryland workers compensation attorney then consider reaching out to multiple attorneys for some insight. It is often best to salvage the relationship you have with your current attorney.
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My Baltimore workers comp attorney fired me. Can she do that?
If an attorney feels that the representation is not working out he or she may chose to terminate that representation. There are however some ethical and legal limitations as to when the attorney can terminate the relationship.
A Maryland workers compensation attorney is obligated to give the injured worker adequate time to obtain new counsel before any legal proceeding. If an attorney decided to terminate the representation just before a hearing date, say one or two days, this could prove harmful to the client and the clients case. If the relationship is terminated with inadequate time for preparation it could to be prove professionally damaging for the attorney. An attorney must be prudent of the clients interests when terminating the relationship and avoid any damage to the clients interests that may arise out of such termination.