Signs of an Incompetent Workers’ Compensation Lawyer

All lawyers try to present themselves as competent to handle their client’s cases, but not every lawyer is up to the task. If you feel like your Atlanta workers’ compensation lawyer isn’t doing a good job, you may need to fire them and find another.

However, there are lots of reasons a case may not be going in the way you want it to go. Therefore, it’s important to know the signs of an incompetent workers’ compensation lawyer. If your lawyer’s behavior matches these signs, beware! You may need to find another lawyer.

Your benefits and your health are on the line. If the lawyer you hired is incompetent then you have the right to switch to another one. It will add more complication to your case, but it’s better than losing the benefits you’re owed because of poor representation.

Lack of Experience

The first thing to beware of is a lack of experience with handling workers’ compensation cases. Workers’ comp lawyers should be able to show you their experience with navigating the system and helping clients get benefits.

Whenever you have a consultation with any Atlanta personal injury lawyer, ask them if they have experience with your kind of case. If they do not have experience, beware! Your benefits could be in jeopardy if their confidence isn’t up to their level of experience.

Poor Communication

Cases can take a long time to finish and there can be long periods where nothing is happening. Despite this, lawyers need to keep you informed about the status and progress of your case. This is one of the most common complaints.

Good lawyers will also explain the legal process of your case to you so you know what to expect. If your workers’ comp lawyer is ignoring your calls and emails, especially if your benefits have been downgraded or canceled, it’s time to consider another lawyer.

Unreasonable Expectations

The phrase, “It’s too good to be true,” also applies to lawyers. Lawyers will sometimes promise results far beyond the boundaries of what’s possible or responsible. Experienced lawyers know what a realistic outcome is for workers’ compensation cases and will adjust your expectations.

Remember, no lawyer can ever guarantee a specific outcome. The law and life is too complex for that. Beware of any guarantees about results.

Disorganized Habits

Lawyers must prepare their cases carefully to get a favorable outcome for clients. If a worker’s comp lawyer is unprepared, disorganized, or missing essential details like your medical record information, be careful. They may be an incompetent workers’ compensation lawyer.

A major red flag is if they miss filing dates. The Georgia State Board of Workers’ Compensation is a busy operation. Missed dates can delay your case significantly or get it rejected. Your lawyer should inform you of any legal deadlines to watch for.

Lack of Preparation for Hearings

Most workers’ comp victims reach out to a lawyer if their claim is rejected and they need to have a hearing. An incompetent lawyer may not prepare for a hearing because they think they can get you a settlement before the hearing date. Don’t trust this.

Any case a workers’ comp lawyer takes must be prepared as if it will go to a hearing. Settlement is not always possible. If your lawyer doesn’t seem diligent about preparing and isn’t gathering the evidence needed to support your claim, they may need to be fired.

Unreasonable Fees

Lawyers are entitled to fair compensation but beware of any workers’ comp lawyer who charges up front or has an excessive contingency fee. Workers’ comp representation costs should fit within the anticipated benefits award. Unreasonable fees can be a sign of ethical misconduct. 

Unprofessional Behavior

Speaking of ethical misconduct, unprofessional behavior is also a warning sign of a bad lawyer. A lawyer should never be rude, lack respect for your situation, violate client confidentiality, or be tardy to meetings about your case.

Legal relationships are founded on trust. If you cannot trust a lawyer because of their unprofessional behavior, then you cannot trust they have your best interests in mind. Consultations help people get a rapport with a lawyer. If you can’t get along with them then, find another.

What Should I Do if I Need to Fire My Bad Lawyer?

If your lawyer has the signs of an incompetent workers’ compensation lawyer, don’t be too hasty to jump to another. Ask for a meeting to discuss the problems and to learn if there are things outside of your lawyer’s control that are slowing the case down. Also, review any correspondence for missed messages.

If you think firing your lawyer is justified, then it’s time to talk with another lawyer about your situation. Explain to them upfront that you have representation and what you’re experiencing. They can explain whether or not it’s in your best interest to switch lawyers.

Some of the tasks they’ll need to do include:

• Checking state deadlines for your claim to see if they have enough time to take the case over and prepare
• Getting your full case file from the other lawyer
• Documenting what happened to you for future reference to the court and the insurers
• Give notice to the other lawyer that you’re switching
• Notify the insurance company and the board about your change in representation

If you’re reading this and you believe your lawyer isn’t competent enough to handle your claim, contact John Foy & Associates for a free consultation.