Does anyone have the answer to this question?

[mariah]

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It seems to me like my atty. keeps passing things I think are his job to me. I live in Kansas, I'm wanting to find out how much is left of the $500.00 in unauthorized medical the worker's comp. system allows us to have to go see a Dr. of our own choosing. I was injured two separate times, so have a portion of each of the $500.00 left on each one. If I call the insurance company, they either tell me, or a recording tells me...if you are represented by an atty. hang up, as we cannot talk to you and have your atty. call us. I've repeatedly told one of his secretaries this. I called again today to the atty's. office and the girl said (again) he said to tell you it's up to you to find out from them, grrr. I told her AGAIN, what the insurance company has said, so she says, ok, I'll tell him. What do I have to do to get him to do anything, firing him is not an option at this point. Is there anything I can do? Tell him I'm going to file as him being ineffective counsel? Fraud and abuse for not doing anything? Does anyone know anything I can do? Tell him I'm going to file a complaint with the bar association? Seems like I should have some recourse. thanks

mariah

[jena1225]

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It seems to me like my atty. keeps passing things I think are his job to me. I live in Kansas, I'm wanting to find out how much is left of the $500.00 in unauthorized medical the worker's comp. system allows us to have to go see a Dr. of our own choosing. I was injured two separate times, so have a portion of each of the $500.00 left on each one. If I call the insurance company, they either tell me, or a recording tells me...if you are represented by an atty. hang up, as we cannot talk to you and have your atty. call us. I've repeatedly told one of his secretaries this. I called again today to the atty's. office and the girl said (again) he said to tell you it's up to you to find out from them, grrr. I told her AGAIN, what the insurance company has said, so she says, ok, I'll tell him. What do I have to do to get him to do anything, firing him is not an option at this point. Is there anything I can do? Tell him I'm going to file as him being ineffective counsel? Fraud and abuse for not doing anything? Does anyone know anything I can do? Tell him I'm going to file a complaint with the bar association? Seems like I should have some recourse. thanks

mariah

Yes, yes and yes!! Just MHO

[Mark N]

It would be easier for you if you could fire him and get another attorney, if you can't then yes to you questions about what you should do.

[Scar Tissue]

Hi Mariah. I hope your well this afternoon. Sounds like you have a w/c case going and I have one going also. Firing a w/c attorney is pretty touchy due to the fact that they can petition the court to still receive their percentage even if you fire them. They claim you are breaking the contract with them, and sometimes the Judges allow it. So when you hire a new attorney, you may have to pay twice. Just a thought, but why don't you give this a try.

Call the secretary and tell her it is urgent that you have an appointment with your attorney A.S.A.P. and you are going to need at least 45 minutes of his time. Now let me say this, you have to understand he works for you, so you can't let him intimidate you in any way. In all reality he is your counsel and employee in your w/c case, he was not supplied to you by the court you chose him. Anyway back to my suggestion. Write down everything you want to know from him and take it with you. Let him know that you are not receiving calls back from him and you would like to know if he's not getting your messages, or does he just choose not to reply. After you've spoken to him, and if you two cannot iron things out between you, at your next hearing ask him if he could kindly remove himself from your case (that way he can't get the fees) and then ask the Judge for a continuance so that you can seek adequate counsel. 90% of the time this will work. If you can iron things out please let him know that you know he has many cases, but yours is the most important one to you, and ask him to please keep you in the loop of what's going on and please return your calls, you will only call if it's a major issue.

Sorry this is so long. But you don't have to be in pain and also have to deal with the stress of having an attorney you don't trust. To give you an idea, my attorney and I speak usually once a week, he keeps me in the loop, and calls me personally, not his secretary before he makes any moves in my case. That's what you need someone who cares. By the way I tend to say he with attorneys and I'm not chauvinistic, if they are a she, sorry.:eek:

[Lea]

I'm sorry Mariah! I went through the same run around several years ago after being hit by a drunk driver. If I were you, I'd park myself in his office and tell him to do his job.

His secretary may not be getting the message to him or he may be ignoring the call thinking it's too petty to deal with. Of course, nothing is too petty when you've been injured and are trying to get the care you need.