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What procedure or method does a lawyer have to go through to drop a client in a workmen comp case?

Jacksonville, FL |

My lawyer wants to drop me from my workcomp case but I was just curious on how….

Attorney Answers 3


This should be governed by your contract. Often, employment is terminated at the will of either lawyer or client.

Email for more information. Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.

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If your lawyer filed a petition for benefits, they have to file a motion to withdraw. If you do not object, the judge will generally grant the motion. Otherwise, a hearing will be held where you can explain why you do not want them to withdraw. I suggest that you contact another attorney to discuss your case in detail.

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That depends on whether there are any current issues pending before a Judge of Compensation Claims a/k/a JCC (workers' compensation judge). The applicable workers' compensation rule of procedure states as follows.

(1) Appearance of Counsel. An attorney who files a petition or claim on behalf of a party has entered an appearance and shall be deemed the party’s attorney of record. All other attorneys appearing for a party in an existing case shall file promptly with the judge a notice of appearance and serve copies on all other parties or, if represented, the parties’ attorneys of record. The notice of appearance shall include the style of the proceeding; the case number; the name of the party on whose behalf the attorney is appearing; and the name, mailing address, e-mail address, telephone number, and Florida Bar number of the attorney. Attorneys shall keep their e-JCC profile current by logging into e-JCC and updating their mailing addresses, e-mail addresses, and telephone numbers when such information changes.
(2) Substitution or Withdrawal of Counsel. During the pendency of any issues before the judge, an attorney of record remains the attorney of record until:
(a) A stipulation for substitution has been filed with the judge and served on all other parties or, if represented, their attorneys of record; or
(b) A motion to substitute or to withdraw, which reflects that it has been served on the client and all other parties or, if represented, their attorneys of record, is granted.

Therefore, my opinion is that if there is not currently any pending issue before the JCC all the lawyer has to do is to communicate to his client that he no longer wishes to represent the client in this matter. If there is currently a pending issue before the JCC that attorney is still the attorney of record for that client until the occurrence of either 2)a) or 2(b) as set forth in the above rule.

Disclaimer: The above does not constitute legal advice. It is the opinion of the author and is based upon facts which may be incomplete. No attorney/client relationship is formed by this discussion. You should consult an attorney with questions about your particular situation.

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