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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111457
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a workers comp case and I'm filing a 132A against my

Customer Question

I have a workers comp case and I'm filing a 132A against my employer the attorney says she wants me to withdraw my complaint because she says she's not ready to proceed but I am so I filed a 132a of readiness to proceed my question is should I make her withdraw herself from my case or should I dismissed her and proceed myself
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you insist on going forward, then you need to dismiss your attorney, because even if you file the 132A, if your attorney is still representing you and is not ready, they will get it delayed and continued. So, if you want this to go to the hearing, then you would need to dismiss your attorney and take on your representation pro se.
You need to send her a letter terminating her representation, but she could file a lien against your case for money due her for the work done on the case to date. You would then file notice of appearance informing them you are now appearing pro se.
Customer: replied 1 year ago.
This is a high profile case bcuz I'm considered a whistle blower, on the FMLA, ADA situation
Customer: replied 1 year ago.
I should still move forward
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is up to you if you want to rush it forward. However, I would caution you that while you know your case, your attorney is more familiar with the law and the legal strategy in the case, so there could be good reason she wants the delay and that is what you need to consider here.

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