There are a lot of things the general public doesn’t typically know about attorneys. For example, just because someone is attorney doesn’t mean that they can guide you on all areas of law. In fact, we started our Illinois attorney referral service because too many people were going to lawyers who took on cases they weren’t qualified to handle.
Another thing people don’t realize is that most attorneys have no training on how to run a business. It’s not a class in law school. There are very few, if any, courses on how to run a business or the importance of customer service. In one famous example, a work comp lawyer had a case filed against them after an employee got hurt. The lawyer didn’t have work comp insurance because they forgot to get it when they started their new business.
A lot of great lawyers are terrible business people. And that’s one big reason why people fire their Illinois work comp attorneys and get a new one. That, and because it costs nothing to switch.
We talk to over 1,000 injured Illinois workers every year. For the ones that want to switch, it often comes down to the fact that the lawyer and their staff just don’t take time to explain things. If your TTD benefits are wrongly denied, or you can’t get approval for a surgery, you are looking toward your attorney for help. If they don’t explain what they are doing, it causes problems.
The client feels alone. The client feels helpless. In many cases, I discover through a quick search of the Illinois Workers’ Compensation Commission website that the attorney has filed all of the correct trial motions which is usually a 19(b) petition for immediate hearing. The client doesn’t know the attorney is actually doing everything they can do.
And of course, in other cases, the attorney is so overwhelmed by running a business that they do not do the work needed to really fight for their clients. Some lawyers just aren’t cut out for hiring and firing, dealing with payroll, delegating, etc. As a result, their clients end up suffering because they don’t have their act together.
The bottom line is that it’s not your fault if your lawyer isn’t doing their job well. It’s on them to explain the law to you. It’s on them to explain what they are doing to help you. It’s on them to answer your questions. If they are not doing these things, you have a right to get rid of them, and doing so won’t cost you anything in the end. Under Illinois law, attorney fees for work injuries can never exceed 20% total. The new and old lawyer would have to work out how to divide the 20%, but your bottom line wouldn’t change. In fact it would likely increase if you have someone who cares about you in your corner.
