Advice On Being Dropped By Lawyer

[grent]

IM A VET WHO HAS BEEN WAITING TO GO TO BVA FOR 5 YEARS NOW.

QUESTION WHAT HAPPENS IF MY LAWYER DROPS ME? DO I GET A LETTER AND MY FILE BACK

CAN YOU RECOMMEND A GOOD LAWYER HOWS BERGMAN AND MOORE

DO I GET MY FILE BACK HOW DOES THE LAWYER GET PAID

AND IF I SETTLE BY MYSELF WITH THE VA OUTSIDE OF COURT DO I STILL HAVE TO PAY ME LAWYER

I SIGNED FOR 20% OF ANY RETRO PAY PLUS ANY SMC RATINGS I GET

VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO

[Tbird]

bergmann and moore offers FREE consultation of your case. (877) 838-2889. info@vetlawyers.com

[Chuck75]

"VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO"

If you can somehow get that in writing it may be to your benefit, and may constitute CUE. You or your lawyer can, in writing, wave part of the process, and force the VARO to forward the appeal to the BVA.

(Assuming that the claim is ready for the BVA, naturally)

As far as I know, Dr. Bash's IMOs meet the requirements of the BVA. The VARO does not have the option (legally) to refuse to accept them as part of your record. They may attempt to discount the IMO by claiming that its supposition, conjuncture, etc. Dr. Bash is more qualified to opinion on certain types of cases than the usual VA C&P examiner. That's likely why the VARO is giving you flack.

It sounds like you are not comfortable with the current lawyer. You do have the option of getting a different one. Your files etc. should be returned to you, or sent to the replacement lawyer.

As to who pays - - you do, out of any retro. There also is another provision in the law that allows a lawyer to be paid (EJA or EAJA)

How payment is made when more than one lawyer is involved is usually a matter for the court or an agreement between the lawyers.

Settling "outside the court" with the VA without a lawyer's advice is usually not to your advantage. I believe the VA usually ends up paying part of the settlement to the lawyer of record.

For instance, the lawyer handling my appeal(s) recently changed firms. The previous firm will get "a cut of the action" when existing appealed claims are approved, and retro is paid. It really irks me that a veteran ends up paying (indirectly), rather than the VA, who's mistakes forced the veteran to hire a lawyer.

Edited September 13, 2012 by Chuck75

[deanbrt]

If he dropped you, you should owe him nothing. He should send all documents back to you.I agree that they should have n legals basis to deny consideration of Dr. Bash's IMO.

Why did he drop you? You do not have to answer that question.

[Tbird]

bergmann and moore offers FREE consultation of your case. (877) 838-2889. info@vetlawyers.com

HadIt.com does not endorse any attorney including bergmann and moore, the information provided above was in response to the question about begmann and moore so the veteran could contact them directly.

Some veterans say excellent things about them others not.

[grent]

just have a question

what do i do if i get dropped by lawyer ??

do i have to pay a bill

do i get my records back??

also i see on other web sites vets getting dropped by their lawyers i guess the lawyer gets paid out of some federal fund

it appears to me the lawyers are opting out and filing to get the fee out of this vja fund rather than waiting 6 - 7 years to see if the vet wins

any advixe on who to get for a lawyer in case i get dropped??

Bargmann anfd moore seem to mentioned a lot??

thx

[john999]

If you believe you have a good claim get another lawyer. Why did your lawyer drop you?