In NY, fees are paid out of the compensation award (not medical). If you get an award, a fee is calculated, then and only then does the issue of how many attorneys are there becomes a factor. The law judge then determines how to divvy up the fee. In this way, your fee does not change if it is for one lawyer or to be shared by more than one.
Then, in NY, if one of the attorneys complains on how the fee is split, it goes before a panel of three commissioners, like I used to be, and we then decide, based in part of comments from the claimant, as to whether the law judge's decision was fair or not.
So, if you feel you are not getting a fair shake for your attorney, CHANGE HIM. Would you keep the same car mechanic if his work was unsatisfactory? You may not know how to fix a car but you know if it runs or not. Same with an a attorney: you may not know the law but you sure know if they're working!
Although it s not relevant to your question,, why was surgery refused? Did the carrier refuse to do it? And was this affirmed by a law judge? Or did you decide not to pursue it? A minor fact but this lack of clarity causes more confusion than you can image.So if you are asked by a law judge about how to split the legal fees, stick with the facts, i.e didn't return 6 phone calls, etc and not that he was rude one day.
Good luck.
