Is this Ethical??????

[bigmoe35]

I hired an attorney due to a accident I suffered at work in January 2005. I first retained him for a workman's comp case against this company. Then I was terminated for not be able to perform job while I was still under the workman comp doctor's order(that's another post). My attorney then suggested that we file a wrongfully termination suit against them since I was fired while still under doc's care and the new center manager of less than a month verbally told attorney that I shouldnt have been responsible for those orders that was never sent which is the reason that they are stating I am being fired, and he was following orders for corporate and even agreed to fax letter stating that to the attorney but that letter was intercepted and replaced with standard fire letter. This was seen by one of my former co workers and relied to me. So the company atty would not corporate with my attorney and he was basically getting run around from them, or so he was telling us. This man was impossible to get a hold and one time left voice mail at my home didnt hang up the phone good before he yelling at his assistant but making him call. Finally he called and stated that the company was offering a settlement on the workman comp case for 4000.00 and he wanted to take I said no. He become upset and a verbal altercation ensued between. So I made up made to fire him. I went into his office in oct and ended his service in writing on bot cases and requested my file which I recieved for both case and he placed lien on workman comp case and gave me 3 days to find new attorney or he would ask judge to be released from case. I sat down one day and read other the documents in the file. I found at least 5 letters the opposing atty wrote to my atty request him at call to set up disposition which I was never informed of any of the dates in the letters. Also I found copy of the letter that he worte to company attorney requesting settlement for 4000.00 on workman comp and in return wil drop civil case. As you read previously he called me and stated that they were offering settlement not him on my behalf. I did retain a new workman comp atty who stated that the files he recieved was a big ball of mess that he had to untwine. So also had to threaten former atty to remove name off case. So former atty calls me today and stated even though I fired him he is still my attorney because he was never withdrawn himself. He informed me that I was on docket again in April he is going to ask for dismissal. The case came upon on docket previously in Dec I showed up to court because I was checking case on line and seen court date info (Missouri) and was informed that my "attorney" had requested cont. and date was rescheduled. Also even though retainers are with him he shows listed as atty on workman comp case and partner shows listed on other.

 

[Michael Wechsler]

I hired an attorney due to a accident I suffered at work in January 2005. I first retained him for a workman's comp case against this company. Then I was terminated for not be able to perform job while I was still under the workman comp doctor's order(that's another post). My attorney then suggested that we file a wrongfully termination suit against them since I was fired while still under doc's care and the new center manager of less than a month verbally told attorney that I shouldnt have been responsible for those orders that was never sent which is the reason that they are stating I am being fired, and he was following orders for corporate and even agreed to fax letter stating that to the attorney but that letter was intercepted and replaced with standard fire letter. This was seen by one of my former co workers and relied to me. So the company atty would not corporate with my attorney and he was basically getting run around from them, or so he was telling us. This man was impossible to get a hold and one time left voice mail at my home didnt hang up the phone good before he yelling at his assistant but making him call. Finally he called and stated that the company was offering a settlement on the workman comp case for 4000.00 and he wanted to take I said no. He become upset and a verbal altercation ensued between. So I made up made to fire him. I went into his office in oct and ended his service in writing on bot cases and requested my file which I recieved for both case and he placed lien on workman comp case and gave me 3 days to find new attorney or he would ask judge to be released from case. I sat down one day and read other the documents in the file. I found at least 5 letters the opposing atty wrote to my atty request him at call to set up disposition which I was never informed of any of the dates in the letters. Also I found copy of the letter that he worte to company attorney requesting settlement for 4000.00 on workman comp and in return wil drop civil case. As you read previously he called me and stated that they were offering settlement not him on my behalf. I did retain a new workman comp atty who stated that the files he recieved was a big ball of mess that he had to untwine. So also had to threaten former atty to remove name off case. So former atty calls me today and stated even though I fired him he is still my attorney because he was never withdrawn himself. He informed me that I was on docket again in April he is going to ask for dismissal. The case came upon on docket previously in Dec I showed up to court because I was checking case on line and seen court date info (Missouri) and was informed that my "attorney" had requested cont. and date was rescheduled. Also even though retainers are with him he shows listed as atty on workman comp case and partner shows listed on other.

I'm not sure what you want me to comment upon. I will say this much -- in many instances cases like the ones you talk about aren't worth much. Many clients forget that the attorney needs to be compensated fairly too, or else why would he fund the case on a contingency basis? It isn't a right to have the attorney eat this cost until you get paid. If the case really doesn't present much money for attorney and client then you have to ask yourself just how much you are really fighting for and is it worth it for you? How much is it worth to get someone to fight for you? Decide what it REALLY is worth end of day and then just get this resolved. You'll be a happier person for it.