Missouri Division of Workers' Compensation: Forms for Withdrawal of Counsel

Withdrawing Counsel in Missouri Workers' Compensation Cases

In Missouri's workers' compensation system, parties may need to formally withdraw an attorney or representative. The process is governed by the Missouri Division of Workers' Compensation (DWC), which uses specific forms to document the change and update the case record. This matters because an unresolved representation status can delay hearings or stall settlement approvals.

The DWC does not maintain a single universal form titled "Withdrawal of Counsel." Instead, withdrawal is documented through correspondence or motions filed in the case record. The division expects clear identification of the claim number, the party making the request, and the effective date of withdrawal.

How Withdrawal Is Filed

Missouri practice typically relies on written notice rather than a standalone state-wide form. Common methods include:

• A signed letter from the attorney or claimant stating the intent to withdraw and the effective date.
• A motion to withdraw filed with the DWC and served on other parties.
• A stipulated agreement, if the opposing side consents to the withdrawal without objection.

Once filed, the DWC updates the case file and may issue an amended notice of representation. There is no standardized state form to download; the record is what controls.

What the DWC Requires in the Record

Regardless of format, the division expects the filing to contain:

• The claim number and the parties involved.
• The name and bar number of the withdrawing attorney.
• A clear statement of withdrawal and the effective date.
• Signature of the attorney or party requesting the withdrawal.

If the withdrawal is contested or raises issues such as unpaid fees or disputes over case strategy, the DWC may require additional documentation or a hearing on the matter.

Practical Considerations

Timing matters. Missouri rules allow withdrawal, but courts and the DWC can deny a motion if it would prejudice the other party or delay the proceedings. Attorneys withdrawing near a scheduled hearing should file early and provide notice to all parties. Claimants should also understand that withdrawing counsel does not waive their right to pursue the claim; they must notify the DWC of any new representative or proceed pro se.

Because forms and procedures can be updated, checking the Missouri Division of Workers' Compensation website or consulting the division's clerk before filing is the most reliable way to confirm current requirements and avoid delays.