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Hi there, Because they are attorney of record on your case and will continue to be so until you dismiss them formally. Until then, the defense attorney cannot ethically speak directly to you.
When you dismiss your attorney, you just fire them. So you end up representing yourself. When you substitute your attorney, you hire a new attorney. But if you are hiring a new attorney, they will ask you to sign a dismissal and sub. Hope this helps 😀 - Naomi
What if I was injured in an accident and I have a personal injury lawyer. I want to fire him because he has not helped me at all and is trying to take 100% of my money now. I did a grievance but I still want to fire him is that possible? I’m in Texas
How come my PTSD , TBI knee reconstruction or other injuries including total knee replacement is not worth anything I have been on Federal workman's comp since 1999 and feel sad
I'm sorry Jeanne, The federal work comp is very different than CA work comp. I can't speak to it because I only practice California work comp. 😞 Wish I could help you, Naomi
Thank you for your question Cassandra, This is specifically for injuries under California workers Compensation filed with the workers Compensation appeals board WCAB. Yes insurance adjusters in workers comp would use these forms to fire their attorney. It has nothing to do with home owner insurance claim. Hope this helps, Naomi
G monster, I do not do employment laws, but I can refer you to an attorney that does. Please text "employment referral" to 909-266-0003 if you are still looking for an attorney. Thank you, Naomi
My husband has been on WC since 2008 and the case has still not been resolved. He had his first attorney in 2008-2018, and a 2nd one from 2018-2022, and now finally in 2022 a new one. With the last 2 attorneys we asked several times to have a hearing, but they would never do a hearing. Is this normal? I am hopeful the new attorney will finally ask for a hearing. Can our attorney ask for a trial and have the judge make the decision since it has been so long?
Important Info: I was not clear enough for the packet filing Attorney Dismissal with the WCAB by mail. All parties to the case are served as shown in the video. However, the packet for the WCAB needs to also have a couple more clerical forms to make sure it gets filed correctly. Below is the link with the instructions and the PDF links for both forms. Basically, your packet mailed to the WCAB should look like this: (1) Cover Sheet -- you only need page one unless you have that many other dates of injury filed (2) Separator Sheet -- for Dismissal of Attorney (3) Dismissal of Attorney (4) Separator Sheet -- for the proof of service (POS) (5) Proof of Service End packet Instructions and Sample packet for filing attorney dismissal www.dir.ca.gov/dwc/iwguides/IWGuide15.pdf PDF for Document Cover Sheet (for filing with the WCAB) www.dir.ca.gov/dwc/FORMS/EAMS%20Forms/ADJ/DWCCA_10232_1.pdf PDF for Document Separator Sheet (for filing with the WCAB) www.dir.ca.gov/dwc/FORMS/EAMS%20Forms/ADJ/DWCCAform10232_2.pdf Hope this clarifies things. Again, all other parties beside the Board are just served the Dismissal of Attorney and Proof of Service.
@@JoseChavez-kd3db Jose, please edit your comment to take your phone number off the comment. I will give you a call but you never want to make your personal information public. - Naomi
@@GonzalezLawEmpower hey so I would like to know if you guys can help me with my case I believe my attorney is really not helping me at all everything I've studied and looked at about what my attorney should be doing for me is not happening, I have a serious case and I am not sure that my attorney is helping I've been having seriously thoughts of trying to get some one else to help...I sent you my phone number please respond and I can speak to you in regards of my case I'm located in Modesto CA I understand that you guys are located in LA I think if you guys don't get cases out my side then thanks I will keep trying to find someone that can take my case.
@@JoseChavez-kd3db Please text us "Jose Consult" to 909-266-0003. We practice in southern California, but we have referrals up north if your case is a good candidate for that. Thank you, Naomi
Two court dates I’ve yet to talk to the judge or have any action on court case after a car accident. I’m facing mideamanor an and told I would need plead guilty and pay restitution but no information on this two months later though my insurance paid for physical damages and physical damages pending. He charged 2x court all was done it was continued charges $487 an hr x2 wow I’m thinking it’s in lawyers interest to keep kicking this down road. Why is victim or their lawyer not required to be at court. I don’t need a lawyer for restitution since my insurance said that they are going to try to pay the physical within the terms of my insurance. I’ll take my chances with the misdemeanor. I can ask the lawyer for a lesser sentence or four community service and a year of probation on my own Hiring this guy was a big mistake. I’m gonna demand a refund. You shouldn’t be charging me twice and he hasn’t done anything. He said that they’re still trying to communicate with the victim and all that and I already got what I needed for my insurance with a simple phone call, I’m waiting on a response from my agent tomorrow. I’d make copies of the letter
Thank you Clock99times for your question, In CA workers comp, your prior attorney will be paid for their services, and the 15% attorney total fee you pay will be divided between attorneys. So you don't have to pay more attorney fees when you have multiple attorneys. Take care, Naomi
My workman case been going on for 5 years. I only had one lawyer. They don't respond and I nolonger want to be bother with the case or the lawyer. I lost my job 3 years ago and this case is hurting me from getting another job. I just want to forget it all and be done. I'm scared because I don't know if he will bill me
Q Baby, I am sorry for what you are going through. If your work comp case is in California, you can fire your attorney yourself using this video. What normally happens with attorney fees when an attorney is dismissed is they will file a lien on the case for their attorney fees. This means that when you settle, they will get their portion of the 15% attorney fees. If you settle for $0, then their portion should be $0 as 15% of $0 is $0. If you settle for another amount, they will get their part of the 15%. For example, if you dismiss them and take 1 year to settle from now, you can try and take 1/6 of the attorney fees to yourself for self-representing. A judge would have to decide their fees. If they are not responding to you, they may have dismissed themselves. You should have been notified, but it might be an explanation. To check if that is the case. Go to this video timestamp 4:36 will list the participants. They will be listed as law firm or lien. If lien, then they are already off the case. Please go to the info and assistance officer at your WCAB for more help. Info is in this video description. Hope this was helpful, Naomi
I’ve been trying to fire my attorney I’ve only had for three days. But I haven’t found an attorney that will take my case. Could it be that they don’t want to have any rivals? Maybe this is much harder that it seems it would be, maybe close to being impossible if you want reputable representation?
It could be an old date of injury or too many attorneys on the case or the case could be too far developed that they don't think they can help much. Hard to tell. Just speculating, I know nothing about your case.
@@GonzalezLawEmpower I only have and have had one attorney for only 5 days now. All injuries are within two months. Also, could it be they don’t like the sharing a percentage out of their cut as well. Thank you for your thoughts.
@@Treasurehuntingmania Thank you for the question Capture, It is different than civil court and not a lawsuit against your attorney. Work comp serves mostly by mail and uses a proof of service method. That is done via us mail. Attorneys will have their own proof of service but the court provides one for self represented people. Since you are firing your attorney, it is appropriate to use the court provided form. I linked the proof of service in the description. Hope this helps, Naomi
Thank you for your question G Monster, I do not practice employment law. However I can refer out for various types of law including employment. Text "referral" to 909-266-0003 for a referral. Take care, Naomi
My attorney only replies me when she wanted. She made an appointment with me to tell she would call me and she never did. She failed forwarding the apposing counsel’s email with a deadline. I got the email way passed the deadline so they files for failure of answer against me. I never be able to call through her or get reply if she doesn’t think it’s necessary. This is my third lawyer and we are at the last step. I really wanted to fire her but without an attorney I am so worried. Should I hire the 4th one? Or represent myself?
Hi Kelly, Unfortunately it will most likely be hard to find another attorney to represent you at this point. I have no idea how complicated your case is or if you want to settle via Compromise and Release or via stipulation. Unless you are choosing to represent yourself, I wouldn't fire your attorney unless you have hired the new one just in case you can't find a new one. Good luck! General info, not legal advice, not representing you. - Naomi
@@GonzalezLawEmpower My case is very simple to me. But I just had no luck with the 3 attorneys. The second one ignored my important information made me loss the first time. He knew all the details but he thought my ex would not bring it up. I didn’t even have chance to say a word he made me loss. The 3rd one ,just not a responsible one. It’s only about divorce dissolution. I am thinking if the attorney made me loss, I prefer to lose on my hand because I am so confident with all the evidences I have but they didn’t even bring them up.
@@kellychen782 Hmm, does not sound like worker's comp. Family law works differently, you pay by the hour. Changing attorneys can delay and add cost. Not sure if more difficult to hire another attorney at this point. I believe there is a person at the court that helps unrepresented people for family law. Try talking to them first I think. - Naomi
Thank you for your question Rob, An attorney is obligated to communicate with you in a timely manner. However what you consider timely may not be what they consider timely. If you are unhappy with communication, I would call for a meeting with your handling attorney so you can find the answers you are looking for. Hope this helps, Naomi
Two court dates I’ve yet to talk to the judge or have any action on court case after a car accident. I’m facing mideamanor an and told I would need plead guilty and pay restitution but no information on this two months later though my insurance paid for physical damages and physical damages pending. He charged 2x court all was done it was continued charges $487 an hr x2 wow I’m thinking it’s in lawyers interest to keep kicking this down road. Why is victim or their lawyer not required to be at court. I don’t need a lawyer for restitution since my insurance said that they are going to try to pay the physical within the terms of my insurance. I’ll take my chances with the misdemeanor. I can ask the lawyer for a lesser sentence or four community service and a year of probation on my own Hiring this guy was a big mistake. I’m gonna demand a refund. You shouldn’t be charging me twice and he hasn’t done anything. He said that they’re still trying to communicate with the victim and all that and I already got what I needed for my insurance with a simple phone call, I’m waiting on a response from my agent tomorrow
Important Announcement: Our text message will be unavailable for 2 days to 4 weeks starting immediately because SMS registration has BLOCKED all texts. If you text us, we will not receive it unless our approval has been implemented. Do NOT text "Consult" right now. Instead please call (909) 266-0003 to speak with us if you would like a consultation. Thank you!
Why can’t I just say your fired ! After carefully reviewing and examining my lawyer I FIRED HIM AND IM GLAD I DID .I NOW HAVE A NEW LAWYER
Hi there,
Because they are attorney of record on your case and will continue to be so until you dismiss them formally. Until then, the defense attorney cannot ethically speak directly to you.
Worked with The Trademark Company and charge fee and very hard to reach people and no service . Something very strange.
That's too bad
I love your videos. So detailed & informative.
Thank you 😊
Am in NY how can I obtain the dismissal of attorney form for that state
whats the difference between dissmissal of attorney and substitution of attorney?
When you dismiss your attorney, you just fire them. So you end up representing yourself. When you substitute your attorney, you hire a new attorney. But if you are hiring a new attorney, they will ask you to sign a dismissal and sub. Hope this helps 😀
- Naomi
What if I was injured in an accident and I have a personal injury lawyer. I want to fire him because he has not helped me at all and is trying to take 100% of my money now. I did a grievance but I still want to fire him is that possible?
I’m in Texas
Sorry,
I am in California only.
How come my PTSD , TBI knee reconstruction or other injuries including total knee replacement is not worth anything I have been on Federal workman's comp since 1999 and feel sad
I'm sorry Jeanne,
The federal work comp is very different than CA work comp. I can't speak to it because I only practice California work comp. 😞
Wish I could help you,
Naomi
@@GonzalezLawEmpower thank YOU HAPPY thanksgiving God Bless YOU AND YOURS IF SOMEONE COMES TO MIND, PLEASE SEND HIM / HER/ AGAIN THANK YOU.
Does this work for and insurance adjuster attorney and Home Owners Insurance claim
Thank you for your question Cassandra,
This is specifically for injuries under California workers Compensation filed with the workers Compensation appeals board WCAB.
Yes insurance adjusters in workers comp would use these forms to fire their attorney.
It has nothing to do with home owner insurance claim.
Hope this helps,
Naomi
You do Employment Law
G monster, I do not do employment laws, but I can refer you to an attorney that does. Please text "employment referral" to 909-266-0003 if you are still looking for an attorney.
Thank you,
Naomi
My husband has been on WC since 2008 and the case has still not been resolved. He had his first attorney in 2008-2018, and a 2nd one from 2018-2022, and now finally in 2022 a new one. With the last 2 attorneys we asked several times to have a hearing, but they would never do a hearing. Is this normal? I am hopeful the new attorney will finally ask for a hearing. Can our attorney ask for a trial and have the judge make the decision since it has been so long?
Important Info: I was not clear enough for the packet filing Attorney Dismissal with the WCAB by mail. All parties to the case are served as shown in the video. However, the packet for the WCAB needs to also have a couple more clerical forms to make sure it gets filed correctly. Below is the link with the instructions and the PDF links for both forms.
Basically, your packet mailed to the WCAB should look like this:
(1) Cover Sheet -- you only need page one unless you have that many other dates of injury filed
(2) Separator Sheet -- for Dismissal of Attorney
(3) Dismissal of Attorney
(4) Separator Sheet -- for the proof of service (POS)
(5) Proof of Service
End packet
Instructions and Sample packet for filing attorney dismissal
www.dir.ca.gov/dwc/iwguides/IWGuide15.pdf
PDF for Document Cover Sheet (for filing with the WCAB)
www.dir.ca.gov/dwc/FORMS/EAMS%20Forms/ADJ/DWCCA_10232_1.pdf
PDF for Document Separator Sheet (for filing with the WCAB)
www.dir.ca.gov/dwc/FORMS/EAMS%20Forms/ADJ/DWCCAform10232_2.pdf
Hope this clarifies things. Again, all other parties beside the Board are just served the Dismissal of Attorney and Proof of Service.
@@JoseChavez-kd3db Jose, please edit your comment to take your phone number off the comment. I will give you a call but you never want to make your personal information public.
- Naomi
Jose, I just called, left a message and texted you. Please take down your phone number, I do not want someone messing with you.
@@GonzalezLawEmpower hey so I would like to know if you guys can help me with my case I believe my attorney is really not helping me at all everything I've studied and looked at about what my attorney should be doing for me is not happening, I have a serious case and I am not sure that my attorney is helping I've been having seriously thoughts of trying to get some one else to help...I sent you my phone number please respond and I can speak to you in regards of my case I'm located in Modesto CA I understand that you guys are located in LA I think if you guys don't get cases out my side then thanks I will keep trying to find someone that can take my case.
@@JoseChavez-kd3db Please text us "Jose Consult" to 909-266-0003. We practice in southern California, but we have referrals up north if your case is a good candidate for that.
Thank you,
Naomi
Two court dates I’ve yet to talk to the judge or have any action on court case after a car accident. I’m facing mideamanor an and told I would need plead guilty and pay restitution but no information on this two months later though my insurance paid for physical damages and physical damages pending. He charged 2x court all was done it was continued charges $487 an hr x2 wow I’m thinking it’s in lawyers interest to keep kicking this down road. Why is victim or their lawyer not required to be at court. I don’t need a lawyer for restitution since my insurance said that they are going to try to pay the physical within the terms of my insurance. I’ll take my chances with the misdemeanor. I can ask the lawyer for a lesser sentence or four community service and a year of probation on my own Hiring this guy was a big mistake. I’m gonna demand a refund. You shouldn’t be charging me twice and he hasn’t done anything. He said that they’re still trying to communicate with the victim and all that and I already got what I needed for my insurance with a simple phone call, I’m waiting on a response from my agent tomorrow. I’d make copies of the letter
If I fire my attorney do I have to pay him for any work he has already done on my case?
Thank you Clock99times for your question,
In CA workers comp, your prior attorney will be paid for their services, and the 15% attorney total fee you pay will be divided between attorneys. So you don't have to pay more attorney fees when you have multiple attorneys.
Take care,
Naomi
How long should I wait for the defense attorney to return with a settlement agreement before my attorney asks for a hearing?
I would say about 30 days is pretty standard if you have an agreement but they are not providing settlement docs.
Oh boy it's been way longer than 30 days
@@berniceperez3614 Well maybe I'm misunderstood you. You have a settlement agreement and are awaiting the settlement documents to sign?
My workman case been going on for 5 years. I only had one lawyer. They don't respond and I nolonger want to be bother with the case or the lawyer. I lost my job 3 years ago and this case is hurting me from getting another job. I just want to forget it all and be done. I'm scared because I don't know if he will bill me
Q Baby,
I am sorry for what you are going through. If your work comp case is in California, you can fire your attorney yourself using this video. What normally happens with attorney fees when an attorney is dismissed is they will file a lien on the case for their attorney fees. This means that when you settle, they will get their portion of the 15% attorney fees. If you settle for $0, then their portion should be $0 as 15% of $0 is $0. If you settle for another amount, they will get their part of the 15%.
For example, if you dismiss them and take 1 year to settle from now, you can try and take 1/6 of the attorney fees to yourself for self-representing. A judge would have to decide their fees.
If they are not responding to you, they may have dismissed themselves. You should have been notified, but it might be an explanation. To check if that is the case. Go to this video timestamp 4:36 will list the participants. They will be listed as law firm or lien. If lien, then they are already off the case.
Please go to the info and assistance officer at your WCAB for more help. Info is in this video description.
Hope this was helpful,
Naomi
thank you so much for replying and make me feel a little more comfortable with my choice
@@mrsjackson1623 Your welcome. :-)
Unfortunately some of the applicant's attorneys are not doing their job
I’ve been trying to fire my attorney I’ve only had for three days. But I haven’t found an attorney that will take my case. Could it be that they don’t want to have any rivals? Maybe this is much harder that it seems it would be, maybe close to being impossible if you want reputable representation?
It could be an old date of injury or too many attorneys on the case or the case could be too far developed that they don't think they can help much. Hard to tell. Just speculating, I know nothing about your case.
@@GonzalezLawEmpower I only have and have had one attorney for only 5 days now. All injuries are within two months. Also, could it be they don’t like the sharing a percentage out of their cut as well. Thank you for your thoughts.
@@GonzalezLawEmpower so I can serve my attorney myself, I don’t need someone over 18 to do it like in civil court
@@Treasurehuntingmania Thank you for the question Capture,
It is different than civil court and not a lawsuit against your attorney.
Work comp serves mostly by mail and uses a proof of service method. That is done via us mail. Attorneys will have their own proof of service but the court provides one for self represented people. Since you are firing your attorney, it is appropriate to use the court provided form.
I linked the proof of service in the description.
Hope this helps,
Naomi
@@GonzalezLawEmpower thank you it did very much
Do you do any Employment Law
Thank you for your question G Monster,
I do not practice employment law. However I can refer out for various types of law including employment.
Text "referral" to 909-266-0003 for a referral.
Take care,
Naomi
My attorney only replies me when she wanted. She made an appointment with me to tell she would call me and she never did. She failed forwarding the apposing counsel’s email with a deadline. I got the email way passed the deadline so they files for failure of answer against me. I never be able to call through her or get reply if she doesn’t think it’s necessary. This is my third lawyer and we are at the last step. I really wanted to fire her but without an attorney I am so worried. Should I hire the 4th one? Or represent myself?
Hi Kelly,
Unfortunately it will most likely be hard to find another attorney to represent you at this point. I have no idea how complicated your case is or if you want to settle via Compromise and Release or via stipulation.
Unless you are choosing to represent yourself, I wouldn't fire your attorney unless you have hired the new one just in case you can't find a new one.
Good luck!
General info, not legal advice, not representing you.
- Naomi
@@GonzalezLawEmpower My case is very simple to me. But I just had no luck with the 3 attorneys. The second one ignored my important information made me loss the first time. He knew all the details but he thought my ex would not bring it up. I didn’t even have chance to say a word he made me loss. The 3rd one ,just not a responsible one. It’s only about divorce dissolution. I am thinking if the attorney made me loss, I prefer to lose on my hand because I am so confident with all the evidences I have but they didn’t even bring them up.
@@kellychen782 Hmm, does not sound like worker's comp. Family law works differently, you pay by the hour. Changing attorneys can delay and add cost. Not sure if more difficult to hire another attorney at this point.
I believe there is a person at the court that helps unrepresented people for family law. Try talking to them first I think.
- Naomi
I realize the attorney has multiple clients so is it common not to hear back in a timely manner from the attorney?
Thank you for your question Rob,
An attorney is obligated to communicate with you in a timely manner. However what you consider timely may not be what they consider timely.
If you are unhappy with communication, I would call for a meeting with your handling attorney so you can find the answers you are looking for.
Hope this helps,
Naomi
Two court dates I’ve yet to talk to the judge or have any action on court case after a car accident. I’m facing mideamanor an and told I would need plead guilty and pay restitution but no information on this two months later though my insurance paid for physical damages and physical damages pending. He charged 2x court all was done it was continued charges $487 an hr x2 wow I’m thinking it’s in lawyers interest to keep kicking this down road. Why is victim or their lawyer not required to be at court. I don’t need a lawyer for restitution since my insurance said that they are going to try to pay the physical within the terms of my insurance. I’ll take my chances with the misdemeanor. I can ask the lawyer for a lesser sentence or four community service and a year of probation on my own Hiring this guy was a big mistake. I’m gonna demand a refund. You shouldn’t be charging me twice and he hasn’t done anything. He said that they’re still trying to communicate with the victim and all that and I already got what I needed for my insurance with a simple phone call, I’m waiting on a response from my agent tomorrow