When L&I Decides to Dump You, Who is Going to Stop Them?
Workers compensation lawyers in Washington State receive and deliver clients’ time loss money and other money benefits on a regular basis.
There are two main reasons this money goes through the lawyers office:
Lawyers are required to handle client funds honestly. There are bar association rules for lawyers. These rules require lawyers to use trust accounts, report to the client in writing how funds are distributed, and promptly deliver the clients’ money to them.
The Rules of Professional Conduct (RPC) 1.15 A&B set out the precise rules for how lawyers must safeguard clients property.
The rules apply to the receipt and distribution of time loss money by lawyers. In particular:
Workers compensation for lawyers is litigation heavy. This means the lawyer is busy with trial oriented work that only the lawyer can do. The result is that the efficient lawyer will use paralegals and legal assistants in workers compensation to help them get things done. The paralegals job is to handle regular office affairs, so the attorney has time to work on case preparation and litigation. Paralegals will keep the attorney from being constantly interrupted by client concerns the paralegal can adequately handle. It’s their job to shield the attorney, but not totally block access. Paralegals are important people. They need to get the job done. They need to both know what is going on in your case and they need to communicate clearly and honestly.
Almost all paralegals work hard and effectively for the clients. There are some exceptions. It’s the lawyer’s duty to supervise his or her paralegals. Almost all lawyers do a good job of that, others not so much.
You are probably reading this because you have had problems with your time loss checks. There is no way I know what your concerns are, nor can I advise you what to do. You need to talk to your lawyer about your time loss concerns. I will mention how the time loss process works, some common problems, and some possible solutions.
PROBLEM #1: L&I or the self-insured didn’t send it to the law office, or if they did send they didn’t send it on time.
PROBLEM #2: The law office didn’t send it to you on time.
Checks are sent to the law office from L&I of the self-insured in two ways. They are either paper checks or ACH bank to bank transfers.
The law office then passes the check onto the client, or deposits the money into the trust account, deducts fees and costs if any, then writes and sends a check to the client, either on paper or as an ACH transfer.
These client checks should be sent or made available to the client promptly. In most circumstances clients hope promptly means to be sent out or available for pickup the same day they arrive in the law office. Sadly there is no rule or case law defining what promptly means in this circumstance. Let your lawyer know what you need. Ask your lawyer for his definition of promptly. Ask that this become part of the fee agreement if necessary.
Law firms need to use clear communication The law is full of legal terms and technical jargon, and using the correct words is important to lawyers. However if you don’t understand what is being said, then ask for an explanation in non technical terms. If you still can’t understand, ask for the explanation in writing.
Clear communication means different things to different people. If English is your second language or if you have a hard time processing information, you still deserve an explanation that you can understand. If you don’t understand you need to say so.
Speech is sometimes laced with vague language. For example, the check didn’t arrive because of “administrative problems”. That is vague. Ask questions and find out what that means, and who is going to do what about it.
Why won’t my attorney or paralegal call me back?
I can’t speak for them, but they have their reasons. I will say this:
You should be getting reliable and honest information from your law office.
If you don’t believe the things which are being said about your time loss check, this is a serious matter. Lawyers and their staff are required to tell the truth. Most of them tell the truth all the time.
Give your law office the benefit of the doubt, and assume their communications are truthful. However if you suspect you’re not getting a straight story and the same problems keep coming up again and again, then check out what is being said by getting additional information.
If you are certain your law office is not honest do something about it. Confront the lawyer. If you can’t get to him a certified letter will get his attention. You can always fire the lawyer if that seems appropriate. You can contact the bar association if necessary. Dishonest lawyers should find a new line of work.
Lawyers and their offices should be helpful when you have a time loss concern. Clients need their money and they need it promptly. Lawyers should not be casual about the handling of clients’ money. Getting time loss money into and out of the law office is often the most important thing a lawyer can do for a client. If there is a regular problem, be sure your lawyer understands your concerns. You are a lawyer’s client and not their customer.
We wrote this article for your information. We hope the information will help you. We are not in the business of telling your lawyer how to handle your case. If you have problem with your lawyer or law office, talk to them. Do not call us about your lawyer.
If you can’t take it anymore, you always have a right to fire your lawyer.
Call for information or a free strategy session – 206-343-1988