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Karol · 09-17-2007, 09:15 AM

Hello Everyone,

I came here trying to find some information about attorneys and what their role is in a W/C case. I live in Alabama and I hired this attorney in November of 2005. I had gone to his office and sat with him for 2 hours and explained all that was going on.
I have been out on disability since Dec. of 2004. Since I had never done this before, I had thought all of this time that I have been out and getting disability pay, that my employer had filed the paperwork and the disability I was receiving WAS the W/Comp pay....DUH ME!!!
I had to have surgery on my right wrist for tendonitis back in 2005. 3 days after surgery I began having a really bad burning and sensitivity on the top of my hand and wrist. I went back to my doc and he diagnosed me with RSD (Reflex Sympathetic Dystrophy). I have to wear a glove on my hand all the time because I cant let the sun beat down on it or let air hit it or I am in excruciating pain. I have no use of my right hand any more and I WAS right handed. I have been like a baby learning to use my left hand.
I JUST had my deposition for W/C in February and a court date had been set for Jul 31st but was cancelled because my employer said they wanted to settle out of court.
Well it is Sept. now and I hadnt heard anything from my attorney and last Thurs. I called his office and spoke with his paralegal (who just started working for him a week ago). She told me that my attorney had settled on my case. I ask her how he could do that when he didnt even contact me to let me know there was even an offer made. She said she didnt know and he was in court so she couldnt talk to him but she would find out and call me back. I still havent heard anything and I am calling there this morning and I am trying to be calm.....I dont see HOW he could settle it for me and not even contact me about it. I am just hoping that this new paralegal is looking at the file wrong or something. But it has been almost 2 yrs and I know as much now as I knew back in 2005.

I cant find any info....but if anyone knows......CAN an attorney settle any case for you without contacting you????

Thanks for letting me vent

Karol

bagpussinamerica · 09-17-2007, 09:30 AM

I am sorry that you are having such black holes regarding your case. I don't think that he can settle without your authorisation. But having said that I know that I had an attornery recently regarding something entirely different and he often did things that I didn't know about. He just thought that he had already been in touch with me. I found quickely that I pretty much had to keep on top of things in order to know what was going on at all times. It wasn't that he was incompetent....just that between him and his secretary things just seemed to get lost with regards to being in touch with me.

I am sure that does nothing to make you feel any better yet. You are in a time zone that you can be on the phone in a minute, huh? Keep phoning until you get an answer. I don't know if he can reopen once he has settled,,,,,,,,if indeed he did. You really need more information. I will keep you in my thoughts and prayers.

09-17-2007, 10:01 AM

Decisions regarding legal strategy are often made without input from the client, but a settlement should not be entered into without client authority. That being said, I often discuss settlement value with a client and obtain bottom-line authority before initiating negotiations. So long as the case settles at or above the bottom-line figure, there is no need to contact the client with each offer and counter. However, once the settlement is reached, I would certainly inform the client of the settlement terms.

Karol · 09-17-2007, 12:31 PM

Timothy, thank you for your reply. I am trying to contact my attorney and he is in a meeting, but it seems as if every time I call there he is in a meeting.
I just want to find out what is going on.

Thank you again for your reply

Karol

1171 · (This post was last modified: 09-17-2007 02:29 PM by WCisBS.)

You can switch attorneys at any time; there will be a single fee that's shared.
you can file a complaint with the state bar.

Wink · 09-17-2007, 04:57 PM

Karol Wrote:Timothy, thank you for your reply. I am trying to contact my attorney and he is in a meeting, but it seems as if every time I call there he is in a meeting.
I just want to find out what is going on.

Thank you again for your reply

Karol

Karol,
I realize that lawyers are busy for other clients--but he should also be busy for YOU. So whenever a paralegal begins offering reasons or excuses for why your lawyer cannot talk to you and your calls are not returned, then it's time to stand fast and take an aggressive approach to the frustrating situation. Park yourself outside of your lawyer's office just before opening. Watch to make certain that your lawyer enters the building. As soon as he does, then you enter and make yourself known. No matter what the paralegal tells you, politely announce that you will sit and wait until he sees you. Then sit for as long as it takes. It worked for me once, and from then on, whenever I called, I either got a solid answer or my call was returned the same day to my satisfaction. Good luck.

ksgirl · 09-17-2007, 09:58 PM

I agree with Wink! Your attorney needs to work for you and I'm afraid that sometimes you have to make yourself known. Good luck!

Karol · 09-17-2007, 10:44 PM

Thank you all for your input. I called him again and they said he wasnt available and his paralegal got online and I told her I didnt want to speak with her I wanted to speak with him. She said it wasnt possible because he wasnt in....so I asked her if he was going to be in tomorrow morning and she said yes. The office opens at 9am and my BUTT is going to be standing at the doors at 8:50am....I will catch him when he comes in. Of course I didnt tell them that.
I am in so much pain right now....The RSD in my feet and legs is getting worse....if I sit for too long at the computer or sit on the sofa too long watching TV my feet turn blue because of poor circulation...I am just wanting this over with.
Sorry to vent here but I feel I need answers and I feel like I have no where to turn.
Thanks for listening.
Karol

ksgirl · 09-17-2007, 11:03 PM

I understand the need to vent. Actually, I think everyone here understands that! We tend to feel like we are being abused by everyone, but the people here understand. If you are able we would love to have you on the off topic forum. We laugh, vent , and cry over there. Sometimes we even play games. You are more than welcome to come over and try to get your mind off of things for a while. I hope you feel some relief soon. Trying to deal with wc and lawyers can make your physical pain feel worse. Sucks doesn't it?

~~capricorn~~ · 09-18-2007, 07:26 AM

Karol....wishing you the best. I feel as you do. Many times through my husband's case one or both of us were at the attorney's door. When I was injured I told him I needed and expected a call back within 48 hours. I think that's fair. Now most of the time when he is in the office he picks up for me, calls me back that day or at the worst the next day. Wink is on it. They work for us. In the end get paid by us. Mine told me the other day to concentrate on my health and leave everyone else's jobs to them. I am taking his advise. I have done his paralegals job, the billing dept.'s job in many a facility, etc. and now am just plain old tired. Take care of you first.

God bless,
CAP