
Your attorney's signature on a lien does not change or create the lien against your recovery. It is wrong of your chiropractor to act like it is ineffective if your attorney will not sign it. As long as YOU have signed it (it is YOUR claim, not your attorney's) and a copy has been sent to your attorney, it is effective as a lien against your case no matter what your attorney signs or does not sign. Frequently we see lien documents which attempt to make my office personally liable for the payment of the bills (which we cannot do under the California Rules of Professional Conduct) and says we will pay attorney's fees and costs if the medical provider decides to sue. Very often the lien forms are extremely one-sided in favor of the provider, seeking to create client-like rights for the doctor or seeking to impose duties on the attorneys which they owe to no one other than their clients. So I'm with your lawyer. Tell your chiropractor that his lien will be honored, just as you promised.
Of course I cannot give you any advice about a jury trial. This is a tactical decision which an attorney makes. Very often a judge will make a more fair decision in a case than a jury might, especially if the trial will be held in a very conservative part of the state where juries are very suspicious of certain kinds of claims. If you don't agree with the decision, talk to him about why he has decided that you should waive a jury. If you don't like the explanation, you have the ability to hire another attorney.
Good luck!
Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.California-Lawyer-Attorney.com
800-956-0123