Potential Problems with Changing Workers’ Comp Lawyers After You Already Hired One

lawyer taking notesIf an injured worker is unhappy with his or her workers’ compensation attorney, he or she may be able to hire a new one. However, while there are some legitimate reasons to be dissatisfied with an attorney, sometimes clients are unhappy about things that are out of a lawyer’s control.

Finding another lawyer to take a case could be difficult because the old lawyer may be entitled to a portion of any legal fees collected in the claim. This is why it is so important to find an attorney you can trust with a proven record in workers’ compensation cases.

Below, learn more about why workers may want to switch attorneys and the problems with doing this. If you have suffered a workplace injury, our Bakersfield workers’ compensation attorneys have more than 60 years of combined experience and a proven record of recovering benefits for injured workers.

Reasons Why Injured Workers Want to Fire Their Attorneys

Injured workers may become frustrated with the pace of the process. However, this is something that is often out of the workers’ comp attorney’s hands.

The workers’ compensation insurance company may be causing the process to take longer than you think it should. Insurers are looking for any reason to avoid providing compensation, even if the worker has a strong case. If the insurance company is working against you, your lawyer may need more time to gather the evidence necessary to bolster your claim.

Workers may also become frustrated if the insurance company makes a lowball offer. However, this is out of the attorney’s hands. Sometimes your attorney may need to make counteroffers to obtain a fair settlement offer.

While these things may be out of the attorney’s control, the lawyer does have control over keeping you informed about the status of your claim.  This includes returning your phone calls and providing updates on your claim.

Workers may also be unhappy if their lawyer does not appear to have in-depth knowledge of workers’ compensation law. Attorneys without experience in this area may have a very difficult time navigating the process and pursuing the benefits you deserve.

Another Attorney May Not Want Your Case

If you fire your attorney and hire another one, the fired attorney is still entitled to a portion of legal fees that may be recovered in your claim. This is something that should be explained in the retainer agreement you signed with the attorney.

Typically, your former lawyer and your new lawyer will have to split the attorney fee. The fee will be split by the lawyers based on the amount of work they each put into the case. If the lawyers are unable to reach a fee-sharing agreement, the former lawyer may file an attorney’s lien on your workers’ compensation case to receive his or her fee when your case is resolved. This is why other lawyers may not want to take your case.

Contact Berry, Smith & Bartell for a Free Consultation

In a free consultation, our experienced attorneys can explain whether you may have a valid claim and how we can help you pursue it. We keep our clients informed throughout the process and work to protect their best interests every step of the way.


Serving the Entire Central Valley from two Offices
icon state picture
localization state photo


5060 California Ave., Suite 300
Bakersfield, CA 93309

(661) 716-5555

driving direction flag icon


icon state picture
localization state photo


6715 N Palm Avenue, #214
Fresno, CA 93704

(559) 227-7290

driving direction flag icon


Request a Phone Call Website En Español Call Now