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ramifications of switching lawyers in middle of appeals?


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my appeals claim has been sent up to BVA this year. it had gotten lost for like a year at DRO or filed wrong, something like that they said. even with the RAMP we're now over two+ years for this appeal. so much for fast track.  lawyer had to write a scathing note to DRO for their non-sensical judgement. DRO wouldn't even acknowledge civilian imo's. so he got it sent up to BVA.  

i may have asked this before, can't recall. but is it standard for lawyers to get veteran to sign papers so lawyer gets paid by VA for his time whether he wins my case or not?

also, what are the ramifications if a veteran wants to fire current lawyer and switch to a new one if the satisfaction factor is really low regarding current lawyer?

 

 

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This is a very serious thing to undertake. There are no perfect law firms, and often the attorneys have to work with what is in a legal sense. Having a great attorney with experience is huge. I had Ch

Ok.  AT THE CAVC, yes, attorneys can get paid for "REMANDS" from EAJA (not from the Veteran).  Attorney's are not prohibited from getting paid with remands.  (Even tho a remand may or may not result i

You can't switch horses in mid-stream. Or at least, it's pretty hard. The lawyer has a contract. You can't measure how much work he has (or hasn't) put into your claim. And any new lawyer you try to s

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You can't switch horses in mid-stream. Or at least, it's pretty hard. The lawyer has a contract. You can't measure how much work he has (or hasn't) put into your claim. And any new lawyer you try to sign on will stay away because they just don't jump on another lawyer's case. You would have to get a settlement/written release from the first lawyer. Not likely to happen. As for signing a contract to pay, that is what a contract is. If you don't like the consequences, don't get a lawyer and do it yourself. 

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It is very risky on your end to hire them and they still get paid if you lose.  I would not sign that paper.  Law firms will look your case over to see if it has merit.  They would them base it on if they think they can win and then it is they get paid if you do.  

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I WOULD CHECK WITH broncovet  HE SHOULD KNOW about firing an attorney ?

  but the new attorney would need to stop ''Revoke'' the POA, he/she would  need to send a letter to your present attorney and fire him/her ,,,but I think you would be responsible to pay your old attorney  fees for all of what he has did for you at this point.

But like I mention check with broncovet because he may can tell you how to get attorney fees paid by the VA, I am unfamiliar with that  but broncovet can advise..he should be on in the morning   but him and his wife went to Florida  for a convention of some kind?..but he should have  his lap top computer  or phone.  

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Attorneys representing veterans pursuing VA compensation are PROHIBITED from billing a veteran for legal fees, unless they win.

 

In my case, I needed Independent Medical Opinions to rebut the lies told by C&P examiners which the VA used to deny my claims.

Every law firm that I hired said they could help me get the IMOs I needed.

None of the FOUR previous law firms I had did... up until I hired the law firm of Pardue and Coskrey who is currently helping win my appeals.

 

I quickly discovered that law firms require that each previous law firm sign a waiver for their legal fees before another would agree to represent me.

You can fire an attorney at any time, for any reason, but getting them to sign the waiver of fees is a different matter.

 

I had one attorney in Dallas that didn't want to sign the waiver but she finally waived legal fees.

That was some tough going for a while without representation.

 

 

 

 

 

 

 

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18 hours ago, shrekthetank1 said:

It is very risky on your end to hire them and they still get paid if you lose.  I would not sign that paper.  Law firms will look your case over to see if it has merit.  They would them base it on if they think they can win and then it is they get paid if you do.  

it didn't start out that way. he believed the cue would be a go and took the case. then after some time, he switched gears for other claims and dropped the cue saying va wouldn't go there. then for the new claims on other health issues, i signed that payment clause that va pays him for his time.

yeah, risky. often wonder what va and he talk about deal wise or something like that

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