How to Change Your Workers’ Comp Attorney in California

Yes. You can change your workers’ comp attorney in California at any time, for any reason, and in most cases it will not cost you a dime more. You sign a Substitution of Attorney, your new lawyer files it with the Workers’ Compensation Appeals Board (WCAB), and your case keeps moving. There is only one attorney’s fee in a workers’ comp case, and the judge decides how that single fee is divided between your old firm and your new one.

That matters because a workers’ comp case can run a year or longer, and the decisions made along the way, such as which doctor evaluates you, whether a bad medical-legal report gets challenged, and when to settle, shape what your case is worth. If your calls go unanswered for weeks or you feel pushed toward a number nobody has explained, staying with the wrong lawyer can cost you far more than the small hassle of switching.

This guide explains your right to change lawyers, how the substitution works, how the fee is split, what happens to your file, when switching makes sense, and exactly what to do next.

Your right to change lawyers

In California, a client can discharge a lawyer at any time, with or without cause. The California Supreme Court confirmed this in Fracasse v. Brent (1972), and it applies to workers’ comp cases just as it does to any other case. You do not need to prove your lawyer did something wrong, and you do not need your lawyer’s permission.

What the discharged lawyer keeps is a claim to be paid the reasonable value of the work already done. In workers’ comp, that claim is handled by the judge, not by a bill sent to you. Under Labor Code section 4906, no attorney’s fee in a workers’ comp case is enforceable unless the WCAB approves it. That rule is the reason switching lawyers rarely affects your bottom line.

You also have other options. You can consult another lawyer for a second opinion while you are still represented, and nothing requires you to tell your current lawyer you are doing so. You can also fire your lawyer and handle the case yourself, with help from the state’s Information and Assistance officers at the Division of Workers’ Compensation, though most injured workers with a serious injury do better with counsel.

Key fact

How to change your workers’ comp attorney in California

The change is made with a document called a Substitution of Attorney. WCAB rules (Cal. Code Regs., tit. 8, § 10402) follow the same method used in civil court under Code of Civil Procedure sections 284 to 286. In practice, it works like this:

• You sign the substitution, and your new attorney signs it, agreeing to take over the case. Many former attorneys also sign; if one does not, your new firm can complete the change through other paperwork you sign or, if needed, an order from the judge.
• Your new firm files the substitution with the WCAB and serves it on the insurance company, the defense attorney, and your former attorney.
• From that point, the new firm is your attorney of record. The insurer, the defense attorney, and the court must deal with your new lawyer.

You do not have to have an uncomfortable conversation. Many workers send a short, polite letter or email saying they have hired new counsel, and some simply let the new firm handle all communication. Your benefits do not pause during the switch: temporary disability checks come from the insurance company, not your lawyer, and authorized medical treatment continues.

Watch: injured at work in California

Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.

Will you pay two attorney’s fees?

No. This is the most common worry, and the answer in the ordinary case is reassuring. Workers’ comp attorneys are paid a contingency fee approved by the judge, usually a percentage of your permanent disability award or settlement, often in the range of about 12 to 15 percent depending on the work involved. When you change lawyers, that single fee is divided. It is not doubled.

Here is how it typically works. After a substitution, your former attorney usually files a lien for the value of the work it did (Labor Code section 4903 allows a lien for a reasonable attorney’s fee). When your case settles or goes to award, the judge sets one total fee and decides how much each firm receives, looking at factors like the responsibility each assumed, the care and time involved, and the results obtained. Both firms are paid out of that one approved amount.

Most case costs in workers’ comp, such as medical-legal evaluations, are the insurance company’s responsibility, not yours. And when the insurer takes your deposition, it pays your attorney’s fee for that deposition separately under Labor Code section 5710, so that fee does not come out of your settlement either.

💡 Example: Maria’s case settles by Compromise and Release for $50,000, and the judge approves a 15 percent fee, which is $7,500. Her first firm handled the claim for eight months; her new firm prepared her for the QME and negotiated the settlement. The judge awards $2,500 to the first firm and $5,000 to the new firm. Maria’s share before any liens is $42,500, exactly what it would have been with one lawyer. (Hypothetical.)

What happens to your case file

Your file belongs to you. Under California Rule of Professional Conduct 1.16(e), when representation ends, a lawyer must promptly release the client’s materials and property at the client’s request, whether or not the client has paid for any of it. A former firm cannot hold your file hostage over its fee; its fee is protected by the lien process described above.

Your file typically includes your medical records and reports from your treating doctor, QME or AME reports, deposition transcripts, letters from the insurance company, benefit payment records, and any settlement documents. Much of the official case record is also in the WCAB’s electronic system (EAMS), which your new attorney of record can access.

Usually your new firm requests the file for you as part of the substitution. Still, it is smart to keep your own copies of anything you receive in the mail, including denial letters, medical reports, and benefit notices. Those documents help a new lawyer get up to speed quickly and spot any deadlines that are coming up.

Question	Short answer	Rule
Can I fire my lawyer without a reason?	Yes, at any time	Fracasse v. Brent (1972)
How is the change made?	Substitution of Attorney filed with the WCAB	Cal. Code Regs., tit. 8, § 10402; CCP 284–286
Do I pay two fees?	No; the judge divides one approved fee	Labor Code 4906, 4903
Can my old firm keep my file?	No; it must release it promptly	Rule of Professional Conduct 1.16(e)
Who pays the deposition fee?	The insurance company	Labor Code 5710

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When switching makes sense

Workers’ comp is slow, and much of the delay comes from insurers, doctors’ calendars, and crowded WCAB dockets, not from your lawyer. A delay alone is not always a reason to switch. But these situations are worth a second opinion:

• ✅ You can’t get answers. California lawyers must respond promptly to reasonable status requests (Business and Professions Code 6068(m); Rule 1.4). Weeks of silence is a warning sign.
• ✅ Deadlines were missed. Examples include not objecting to a medical report in time, not requesting review of a denied treatment, or not striking names from a QME panel.
• ✅ Problems with the QME process. No one prepared you for the evaluation, explained a low rating, or challenged a report that ignored your symptoms.
• ✅ You feel pressured to settle. You were handed a number without an explanation of your permanent disability rating, future medical care, or what you give up.
• ✅ You have never spoken with an attorney. Staff can do a lot, but you should be able to talk with the lawyer responsible for your case when important decisions come up.

If one of these sounds familiar, start by asking your current lawyer for a call and putting your concerns in writing. If things don’t improve, a second opinion costs nothing.

Key fact

Is it ever too late to switch?

Generally, you can change lawyers at any stage of the case, but timing affects how smooth the change is. Early in the case is easiest. Before a Mandatory Settlement Conference or trial, a new lawyer needs time to review the medical record and may ask the judge for more time, which the judge may or may not grant. Learn more about each stage in our guide to workers’ comp hearings, the MSC and trial.

Once a judge has approved your settlement, changing lawyers does not undo it. Setting aside an approved settlement requires good cause and is difficult. That is why the best time for a second opinion is before you sign. If an offer is on the table and you have doubts, read how to decide whether to accept a workers’ comp settlement offer and get advice quickly. A new firm can also review whether your permanent disability rating was calculated correctly.

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Ethics rules that protect you

California has strict rules on how lawyers get clients, and they protect you when you are deciding whether to switch:

• No paid referrals. Labor Code section 3215 makes it a crime to pay or accept money or other rewards for referring workers’ comp clients. If anyone offers you cash or gifts to change lawyers, treat it as a red flag and walk away.
• Limits on solicitation. Lawyers generally may not seek you out in person or by live phone call to pitch their services (Rule of Professional Conduct 7.3). You choose who to call.
• Fees need the judge’s approval. Any side agreement for a higher fee is unenforceable without WCAB approval.
• Your confidences stay protected. Your former lawyer still owes you a duty of confidentiality after the relationship ends.

Changing lawyers is routine in workers’ comp. Insurers and judges see substitutions every day, and changing firms does not count against you.

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How to switch, step by step

1. Write down your concerns. Note dates of unanswered calls, missed appointments, and anything you didn’t understand.
2. Gather what you have. Your claim number, your WCAB case number (it starts with ADJ), recent letters from the insurer, and any medical or QME reports.
3. Get a second opinion. Ask how the new firm would handle your case, who will be your point of contact, and how the fee works.
4. Sign the new retainer and the Substitution of Attorney. The new firm files and serves it.
5. Let the new firm request your file. Keep your own copies of anything you receive.
6. Keep every appointment. Don’t skip treatment, a QME exam, or a deposition while the change goes through. If you have a deposition coming up, our guide to what to expect at a workers’ comp deposition can help.
7. Watch your benefits. Confirm your disability checks and treatment continue, and tell your new lawyer right away if anything stops.

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Frequently asked questions

Will changing lawyers hurt my workers’ comp case?

Generally, no. Substitutions are routine and don’t affect your benefits or how the judge views your case. The main risk is timing: a switch right before trial may leave the new lawyer less time to prepare.

Does my old lawyer still get paid if I fire them?

Usually yes, for the reasonable value of the work done. The former firm files a lien, and the judge divides the one approved fee between the firms when the case resolves. You do not pay a second fee.

Can I change attorneys after my QME exam?

Yes. A new lawyer can review the QME report, ask the doctor for a supplemental report, or take the doctor’s deposition if the report has gaps. Some deadlines to object run quickly, so don’t wait.

Do I have to tell my current lawyer why I’m leaving?

No. You can give a reason if you want, but you are not required to. Your new firm can send the notice for you.

Can I change lawyers more than once?

Yes, though each change slows things down while a new lawyer learns the case. The judge still divides one fee among the firms based on the work each did.

Can I fire my lawyer and handle the case myself?

Yes. Information and Assistance officers at the Division of Workers’ Compensation can answer questions, but they cannot represent you. If your case involves surgery, a disputed QME report, or a significant settlement, it is worth talking to a lawyer first.

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