We got that question recently from a nice carpenter who was concerned that his Champaign work injury attorney was not doing a good job. He wanted to fire him, but was worried about having to pay a new lawyer and getting a bill from the old one.
The workers’ compensation laws in Illinois have that issue covered. The total costs for attorneys in your case cannot exceed 20% of your settlement. It doesn’t matter if you have one lawyer on the case or switch ten times (don’t do that). It will not cost you any more than 20%. You will not take a financial hit for protecting your interest by making a change in lawyers that you feel you need.
Also, the old lawyer can’t hand you a bill for his or services when you switch, because the money is not owed to be collected until your case is over. The 20% for attorneys’ fees is a contingent fee, so it is calculated at the end based on the amount of money you receive for your case. Where there has been more than one attorney, they will work out the fee issues among themselves or an Arbitrator will decide.
That being said, it is still recommended to try to work out your situation with your attorney and see if you can avoid having to fire him or her. Every relationship has rocky moments, and you do not want to make a decision in haste. On the other hand, you have a right to have an attorney that is fighting for you every step of the way. It is your injury after all and really your life is on the line if it’s a major injury.
You are entitled to have your attorney returning your calls, and working hard to see that your best interests are protected. If you are going to make the decision to switch, it is better to do it earlier in the case, while it is still possible to turn things around. You cannot necessarily go back and undo what your attorney has done.
In the carpenter’s work injury case, his concerns may be valid. You want to be sure that you are involved with your case, and know what your attorney is doing for you. If it is not what you had in mind, or the attorney is resistant to share information with you, it may be time to make a change. When you are weighing the pros and cons of your decision, though, the cost of paying the attorney you want to fire is not a factor.
We are workers’ compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
