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Attorney Fee Inequality: An Access to Justice Issue for Injured Workers

When I meet potential workers' compensation clients for the first time, often the first question asked is about attorney fees.  This is understandable because injured workers often do not have the money to pay for an attorney.  All potential clients are relieved to hear that I am paid on a contingency fee basis, which means that my fee is contingent on doing something positive for their case.  This often means prevailing at hearing.

When a client and I prevail at hearing, the Administrative Law Judge is tasked with awarding my attorney fees.  Unfortunately, those fees are frequently low.  Low attorney fees at hearing have lead to an increasing gap between defense attorney fees and claimant attorney fees.  Ultimately, the people who are hurt by low claimant attorney fees are injured workers, because fewer attorneys can afford to take their cases.  

The link below is to my article which appeared in the Fall 2013 edition of Trial Lawyer Magazine.  It explores in more detail the issue of attorney fee inequality and how it affects injured workers.

Trail Lawyer Magazine, Fall 2013 - Access to Justice for Injured Workers

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