ramifications of switching lawyers in middle of appeals?

[Ufrustrated2]

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?

 

 

[Ufrustrated2]

 

 

22 hours ago, GBArmy said:

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. 

i had thought that too. i'm aware of what a contract is. the claims at first where on he gets paid if we win. but that changed when he dropped the cue claim. then moved to other claims going back to injury date. that's when the paper came up to sign for va to pay for his time whether we win or not.  like you say that was mid-stream for me also. finding lawyers to take on anything but guaranteed wins is extremely difficult, especially for va claims. if i could do it myself, i would have. but i don't have the skills say of a "berta".

[Ufrustrated2]

2 minutes ago, shrekthetank1 said:

So is the VA paying him or are you?

the va will pay him some amount for his time even if we lose. that is my understanding. he hasn't been paid anything yet i don't think. if we win he gets his % which is standard and i have no issue with that.

[Ufrustrated2]

17 hours ago, Buck52 said:

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.  

i'll check with him. that's a good idea. i'll re-read that email and updated contract i signed last year. memory not as sharp as it was. thanks

[Ufrustrated2]

1 hour ago, 63Charlie said:

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.

 

 

 

 

 

 

 

i understand about that being prohibitive. but my understanding of that updated form i signed was that if lose, va will pay for his time. i'll look that doc up and re-read it.

we do get some promises made. and when those aren't met what recourse does the vet have? like you, you find another one. that's important to know about the fee waived.  i knew of the POA release. i've done that with PVA back in the day when i first signed on with an attorney.

it is tough without the representation for sure, especially for many of us. i'm sure that was my reasoning in my mind why i signed that at the time.  but i was frustrated the cue was dropped and pretty much not discussed anymore. kinda felt like the va "got to him".  ya know? probably not like that but you know what i mean. but the attorney did work up other issues and got another imo for issues clearly showed on mil med docs that va ignored for years. so maybe that's a more "winnable" argument than the cue. beats me. he originally took on the cue as he thought that was winnable all things considered.

thanks for your reply, good info.

[63Charlie]

29 minutes ago, Ufrustrated2 said:

 

 

 "sign for va to pay for his time whether we win or not." 

This obviously indicates your legal representative isn't knowledgeable in all matters VA.

[broncovet]

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 in additional money to the Veteran).  To reiterate, EAJA, not the Veteran, compensates the attorney when the Attorney gets a remand at CAVC.  

In this instance, the lawyer will get paid and the VEt wont get anything UNLESS, after the remand is implemented, the Veteran wins.  

Further, "NO" I do not suggest switching attorneys in the middle "unless there is a COMPELLING reason".   

Some "compelling" reasons:

1.  The Attorney gets sick, or passes, and can not complete his representation.  

2.  The Veteran submits a claim at the Regional Office, while another claim is pending at the CAVC, and wins full benefits, meaning the CAVC wont matter.  

3.  The attorney is grossly incompetent.  "Gross" incompetence does not mean you are mad because he does not return your call in 24 hours, or, because the attorney persues a "different strategy" than what YOU think he should do.   Gross incompetence would mean, however:

     a)  The attorney fails to file documents timely.  In other words, if the judge ordered the attorney respond in 30 days, and the attorney does not comply, maybe you should fire him.  

    b)   The attorney commits an illegal, or maybe immoral act. 

    Its my opinion, that "just because you dont think he is moving fast enough, or not doing enough" dont fire him.  He may not tell you every time he files a paper.  He does not need to.  There is a lot of work going on you know nothing about, including research on cases.    

     Often, a Veteran "expects" some "hand holding" and nurturing.  This is probably not a realistic expection.  YOur attorney is "probably not" going to educate you in Veterans law, and explain why he did everthing in detail.  

     Your attorney probably has many other cases going on at once, AND, he is very limited in the hours he can bill you or VA for.  Remember, it may be several years before the attorney gets paid, if at all.  Do YOU want to work for a couple years until YOU get paid, or do you want paid on Friday?  I thought so.  

     There are more Veterans than there are attorneys..way more.  Attorneys do often turn down clients because they are too busy, or, because the chances of winning are just not all that favorable.  They can pick and choose clients, in no small part because there are about 25,000,000 Veterans and probably only about 1000  or less EXPERIENCED attorneys who represent Veterans.