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?

 

 

[broncovet]

You indicated this was an appeal to the CAVC..Of course, I did not know that.  

The EAJA should pay your attorney fees.  The only fees you should have to pay is, if remanded, the attorney can bill you for the time invested in the BVA portion of the appeal (after remand).  

If you fire your attorney, you will need to notify the CAVC.  

Further, you may well have trouble getting another attorney.  Many people dont want to work on something someone else messed up, for good reason. 

Again, unless you have a compelling reason, I advise you to continue with your present attorney at least through "this decision".  Win, lose or draw, you can re evaluate your representation later, after the present case is decided.  

[Ufrustrated2]

On 9/1/2020 at 7:30 PM, MikeR said:

Totally agree with your point. My file collected dust at the BVA for five years. When they released the decision, it would have been comedy gold had someone else’s name been on it. My DAV representative placed me in contact with the attorneys. I got a phone call from the chief attorney at work as he was looking for a file I didn’t have. This VA General Counsel taunted me with the question of if I had an attorney. To which I replied in the affirmative, and he said “Good, I have hundreds!” I asked him why this was adversarial? To which he replied that I was in fact the enemy. My boss overheard the conversation and was very upset. I had to battle with OPM for FERs disability. Same game, different agency.

apologies for late reply...in/out of hospital for issues...back now for a few days.

i have read somewhere on the internet a quote by one of the former VA central office DC attorneys who boasted the same.  i.e., we vets were more akin to an enemy of theirs and they rejoiced each time the beat us (down). i can't find the web page now, but i think he has a law firm now representing & helping veterans.  the general public and new vets have no idea just how adversarial the place is.

[Ufrustrated2]

On 9/2/2020 at 11:11 AM, broncovet said:

You indicated this was an appeal to the CAVC..Of course, I did not know that.  

The EAJA should pay your attorney fees.  The only fees you should have to pay is, if remanded, the attorney can bill you for the time invested in the BVA portion of the appeal (after remand).  

If you fire your attorney, you will need to notify the CAVC.  

Further, you may well have trouble getting another attorney.  Many people dont want to work on something someone else messed up, for good reason. 

Again, unless you have a compelling reason, I advise you to continue with your present attorney at least through "this decision".  Win, lose or draw, you can re evaluate your representation later, after the present case is decided.  

i sent out the note here before i went back and re-read the attorney's email from a year or so ago. your reply prompted me to go back do so.

i went on ebenefits and the appeals status is,  "Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge".

your & others replies have me staying course and not entertaining firing. i have no compelling reason, as you say. i thought about it and posted here, and now see it would be more harmful to my current appeals.  wise course of action to wait and re-evaluate as you point out. thanks for the feedback/advice. my thinking sometimes needs to be reigned in.

[broncovet]

Thank you!  I try to give Veterans good advice, and, sometimes, unfortunately, they are their own worst enemy.  

"Changing attorney's" in midstream is a very bad idea, unless the reason for doing so is "compelling".  (no choice).  If your attorney was arrested, you would be compelled to change.  

[Buck52]

I AGREE GREAT ADVISE FROM broncovet

Edited September 7, 2020 by Buck52
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