How a California Workers' Compensation Attorney Can Properly Withdraw from a Case

Quick Answer: What You Must Do to Withdraw as Counsel

If you are a California workers' compensation attorney and need to withdraw from a case, you must (1) obtain client consent when possible, (2) file a formal withdrawal request with the Workers' Compensation Appeals Board (WCAB), (3) serve the employer, claims administrator, and the client with a written notice, and (4) ensure the client has adequate time to secure new counsel before the deadline set by the Board. Failure to follow these steps can lead to sanctions, a breach of ethical duties, and possible liability for any prejudice caused to the client.

Legal Framework Governing Withdrawal

The California Code of Regulations (CCR) and the State Bar's Rules of Professional Conduct outline the procedural and ethical standards for withdrawing from a workers' compensation matter. Key provisions include:

• Cal. Civ. Code § 50‑1.4: Requires attorneys to give reasonable notice to the client before withdrawal.
• Cal. Rules of Court, rule 3.1020: Sets the filing format for a withdrawal motion before the WCAB.
• State Bar Rule 1.16(b): Allows withdrawal if it does not materially harm the client's interests.

Step‑by‑Step Withdrawal Process

1. Evaluate Whether Withdrawal Is Permissible

Before initiating any paperwork, confirm that withdrawal will not violate Rule 1.16(b). Common permissible reasons include non‑payment of fees, conflict of interest, or the client's request. If the client's case is at a critical stage (e.g., a hearing within 30 days), you may need to seek the Board's permission.

2. Obtain Client Consent (When Feasible)

Draft a written consent form that explains:

• The reason for withdrawal
• The effective date
• The client's right to retain new counsel
• Any outstanding fee obligations

Have the client sign and retain a copy. If the client refuses consent, you must still proceed but will need a stronger justification to the Board.

3. Prepare the Formal Withdrawal Motion

The motion must include:

• Case caption and docket number
• A concise statement of the reason for withdrawal
• Proof of service on all parties
• A certificate of compliance with Rule 1.16(b)

Attach the client's signed consent if available.

4. Serve All Interested Parties

California law requires service on:

• The employer or its insurance carrier
• The claims administrator (if different)
• The client

Service can be completed by personal delivery, certified mail, or electronic service if the party has agreed to it. Keep proof of service (e.g., return receipt).

5. File the Motion with the WCAB

File the original motion and two copies with the clerk of the appropriate WCAB department. Include a filing fee (currently $30) unless a fee waiver applies. The clerk will assign a hearing date if the Board requires a hearing.

6. Notify the Client of Their Rights

Even after filing, you must provide the client a written notice that includes:

• Deadline to retain new counsel (generally 10‑15 days before the next scheduled hearing)
• Contact information for the WCAB
• Potential consequences of not securing new representation

7. Transfer the File

Provide the client and any incoming counsel with a complete copy of the case file, including:

• Pleadings, motions, and orders
• Medical reports and independent medical examinations
• Correspondence with the employer/claims administrator

Do not retain any privileged information after the transfer.

Common Pitfalls and How to Avoid Them

Even experienced attorneys can slip on procedural details. Below is a checklist of frequent errors and corrective actions.

Ethical Considerations Beyond the Procedure

Withdrawal is not merely a paperwork exercise; it implicates broader ethical duties:

• Competence: Ensure the client's case is not abandoned during a critical stage.
• Communication: Provide clear, written explanations of next steps.
• Confidentiality: Return or destroy any client‑sensitive information not required for the file transfer.

When in doubt, consult the State Bar's "Ethics Opinions" (e.g., Op. 9.1‑1 regarding withdrawal in workers' compensation matters).

Sample Withdrawal Notice Template

Below is a concise template you can adapt for most cases.

[Attorney Letterhead]Date: ___________Re: Withdrawal of Counsel – Case No. ___________To: ___________ (Client)CC: ___________ (Employer/Claims Administrator)Dear ___________,Pursuant to California Rules of Professional Conduct Rule 1.16 and Cal. Civ. Code § 50‑1.4, I am providing notice of my intent to withdraw as counsel in the above‑referenced workers' compensation matter. This withdrawal will be effective on ___________ (date). You have until ___________ (date, at least 10 days before the next hearing) to retain new representation. Please contact the Workers' Compensation Appeals Board at (800) 952‑5210 for assistance locating an attorney.Enclosed you will find a complete copy of your case file. Should you have any questions, please direct them to my office before the effective date.Sincerely,____________________[Attorney Name][Bar Number]

When the Board Requires a Hearing

If the employer or the claims administrator objects to your withdrawal, the WCAB may schedule a hearing. At the hearing you should be prepared to demonstrate:

• That withdrawal will not prejudice the client
• That the client has been given adequate time to secure new counsel
• Compliance with all procedural rules

Often the Board grants permission if the attorney shows good cause and provides a clear transition plan.

Resources and Further Reading

• California Workers' Compensation Appeals Board – Official Website
• State Bar of California – Rule 1.16 (Termination of Representation)
• Cal. Rules of Court, rule 3.1020 (Withdrawal of Counsel)
• California Code of Regulations, tit. 8, § 10133 (Notice Requirements)