Do I Have A Case??

I'm new to this forum, hello!! Nice to be here. I'll try to make this short. Hired an attorney on contingency basis (paid retainer) for a WC case in CO. He never told me what was going on, and I never knew what was going on. I called him and e-mailed him, but he was always very vague. He filed papers for the court to pay for IME because he stated I was indigent (I'm disabled), but he filed them wrong and that took more time (it's been a year and a half). Then he didn't know why my WC benefits stopped, the IME told me it was because they thought I had pre-existing arthritis, and I had to tell my lawyer that, and he said "oh, thanks for telling me". Then when the report from IME came and was against me, my attorney e-mailed me and said that the whole problem with this case was that I had no money and this was his letter of withdrawal. He didn't even ask me if I could get the money to hire another IME, he just left me HANGING. Then I just found out that he sent me to a doctor and didn't ask other side if they would pay for medical bill or didn't ask WC. So I'm stuck with a $3,300 bill, and then he put a lien on them. Now, because case is so far along, I can't find another attorney, and I don't want to let this case go.

Can I retain an attorney for malpractice, does this constitute malpractice? I have already contacted the Bar Association.

Any help would be appreciated, thanks. I have literally lost this case because of him.

I understand your frustration. I went through something similiar when my husband was killed in a work accident. His claim was admitted the next day and they offered me the minimum amount. My lawyer said we would go to court and fight for more since I was left a widow with seven children. The night BEFORE court (six months later--and this is for an admitted claim!) he calls to tell me he scheduled the 'wrong type of hearing'----he scheduled a noncontested hearing--which meant all I had to do was walk in, sign the papers for the minimum amount--and fifteen minutes later Id be done. I could have settled for the minimum amount WITHOUT his help and done it six months earlier.

At this point, I would wait to see what the bar association replied and if they find he has been negligent, you will have more grounds to proceed, but obviously, the problem with that is it takes TIME and time is MONEY. I would keep calling attorneys and asking. I would also try unemployment if your WC benefits have stopped. Do you get social security? I would try that route as well.

You are stuck in a bunch of proverbial red tape and you are going to need a GOOD lawyer to 1. get you out and 2. find out where the other guy screwed up and help you fix it and appeal on the basis of that error.

Since you are disabled, you could also try legal services. Are you a Vet? Perhaps the VA can help if you were military---just making suggestions.

I am not sure why your case was contingency if you paid up front (the retainer). Are you sure it was contingency? Most contingency cases mean you don't pay and you don't have to pay unless your case is won.

Man, what a horrible story!! You were widowed with 7 kids, I'm so sorry.
Yes, I am disabled (not a vet), but in this state, legal services are far and few between and they hardly take any type of cases, only cases of discrimination, etc.

I am waiting for the Bar Assoc. to call me, I didn't realize it takes that long, should I call them and aks how it's going.

I truly believe this is malpractice, as I'm about to lose my case because of this jerk, AND I"m stuck with this $3,300 medical bill.

Usually, here, you still have to pay a small retainer, but then no other money, he doesn't collect any money for his work (or lack of in his case) unless we win.

Will try a lawyer on the other LegalMatch.com, but want to ask him questions first.

Thanks for your input.