On this page
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.
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 number, 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 under § 4906, 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 disability 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 conference and discovery closes under § 5502(d)(3).
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.
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.
Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469
Printed from https://www.solovteitell.com/answers/can-my-lawyer-drop-my-case/ · Last reviewed 2026-08-23