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What can I do to see another attorney if before I need a discamer…

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What can I do to see another attorney if before I need a discamer from the attorney I have that he is off the case if I have a malpractice against him for not filing my workmans comp?
Submitted: 8 years ago.Category: Personal Injury Law
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Answered in 54 minutes by:
6/9/2010
Personal Injury Lawyer: Jack R., Attorney replied 8 years ago
Jack R.
Jack R., Attorney
Category: Personal Injury Law
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified

You need to send a letter to your attorney telling him you want him off your case and to return your materials to you. Your attorney if he has made an appearance in your behalf will need to file a motion to withdraw as counsel. You should ask him to do so in your letter.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer reply replied 8 years ago
OK, but how do I prove the malpractice? He said that he is no longer approved to file a workmans comp case because he has not gone through the class to do so because the state has changed to an e-file system and that he can not file my case and therefore I need another attorney.
Personal Injury Lawyer: Jack R., Attorney replied 8 years ago

You have not described a situation that may rise to malpractice. He does need to withdraw from the case. The fact that rules changed and your attorney is no longer qualified to handle the claim is not malpractice. Malpractice requires that you show your attorney was negligent or did not act in a competent manner in handling your case. You also have to prove that but for your attorneys negligence, you would have won the case.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer reply replied 8 years ago
My attorney filed to the panel request for another doctor which is my first request for a doctor. I have other documentation from other doctors that I needed another doctor than the one I had. After my attorney filed he could not file all the supporting evidence for he thought we would go to negotation. He waited for 2 months after my claim was denied to tell me that he could not handle my case............is your answer the same?
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Category: Personal Injury Law
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