No fee unless we recoverHome & hospital visits

Common questions

“My lawyer says they’re withdrawing.”

Yes, with the Board’s involvement — and it is not the disaster it feels like. Here is what actually happens and what to do in the first week.

Call now (213) 380-9310Free case review

Leer en español한국어로 보기

The short answer

Yes, an attorney can withdraw — and it is far less catastrophic than it feels on the day.

Your case does not end. What ends is that representation. The deadlines keep running, so the first week matters.

On this page

What actually happens

A workers’ compensation attorney does not simply walk away. Withdrawal is done on notice, and the Appeals Board is involved. You should receive documentation.

Your case stays open. The ADJ numberADJ number Your case number at the Appeals Board., the filings, the medical record — all of it remains.

Any fee question is resolved by the judge. Attorney fees in California workers’ compensation are approved by the Board, not set unilaterally. Where more than one attorney has worked a case, how the fee is divided is determined at the end, out of the same fee — it does not double, and it does not come out of your recovery twice.

Why it happens, and what it usually means

The case turned out to be smaller than expected. Uncomfortable but common. Contingency practice is economics, and a case with modest permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. may not sustain a firm’s cost structure. That does not mean the case is worthless — it means it did not fit that firm.

A conflict of interest emerged.

Communication broke down.

Or you were asked to do something you did not do — attend evaluations, return calls, provide records.

Ask directly which one it is. You are entitled to know, and the answer determines what you should do next.

What to do in the first week

1. Get your file. In writing, immediately. It is your case and the file is yours — medical reports, correspondence, filings, the deposition transcript if there is one.

2. Find out what is calendared. Any upcoming hearing, exam, or deadline. This is the part that goes wrong: a case in transition misses a mandatory settlement conferenceMSC Mandatory Settlement Conference. Where most cases end — and where discovery closes. and discovery closes.

3. Note your dates. The one-year statute, the five-year reopening window — neither pauses because you are between attorneys. Run your dates.

4. Talk to someone else before deciding you cannot. A case one firm declined is frequently a case another takes. The initial consultation costs nothing, and a second opinion on value is worth having regardless.

5. Or continue unrepresented, deliberately. It is allowed, and the state’s Information & Assistance officers are free and at every district office. For a straightforward case that is a real option rather than a consolation prize. When you probably don’t need a lawyer.

And the reverse

You can also change lawyers. You do not need permission and you do not need a reason. How.

Paperwork and lawyers

Including when you probably do not need one.

Common Questions

Sources

Labor Code § 4906 (attorney fees are approved by the appeals board)§ 4903(a) (fee as a lien against the award)§ 5502(d)(3) (discovery closure)§ 5405, § 5410 (limitations periods)§ 5450 et seq. (Information & Assistance Unit)8 CCR § 10774, § 10775 (representation and fee disclosure).

General information about California law, not legal advice about your case.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/can-my-lawyer-drop-my-case/ · Last reviewed

A SHORT CALL COSTS NOTHING

Tell us what happened

A short call costs nothing and commits you to nothing. No fee unless we recover, and you are not responsible for costs we advance if there is no recovery. Free consultation in English, Spanish, or Korean.

CALL US · WE CALL BACK(213) 380-9310Free case review