Pennsylvania · Source checked 2026-11-09 · AI-assisted editorial

Questions to Resolve Before Changing Workers’ Compensation Counsel

Before changing workers’ compensation counsel, clarify the current agreement, pending events and who would handle the work during any transition. A new conversation does not itself resolve the old lawyer’s responsibilities or the new lawyer’s scope. This Pennsylvania guide identifies questions to resolve; it does not recommend terminating anyone.

In this article

Start with the problem you want solved

Write down whether your concern involves communication, scope, cost, a disagreement about decisions or something else. Describe what happened and what remains unresolved. If the issue is an unanswered status question, ask for a focused update so you can assess an actual response rather than an assumption.

Keep that concern separate from an accusation about the claim’s outcome. An unfavorable development and a representation problem are different subjects. This page cannot tell you which explains your situation.

Identify work that is still underway

Locate the existing representation and fee documents, recent notices, any scheduling order and the latest explanation of pending tasks. Make a list of hearings, requested records, outstanding decisions and documents not yet received.

Then ask who is currently responsible for each item. Do not mark a task transferred simply because you discussed it with a different attorney. Ask prospective counsel what information they need to evaluate the transition, what work they would agree to undertake, and how any change would be confirmed.

Ask about the transition process

Pennsylvania Rule 1.16(c) requires a lawyer to follow applicable requirements for notice to or permission from a tribunal when representation ends. Paragraph (d) addresses reasonably practicable steps to protect the client, including notice, time to obtain other counsel and surrendering papers to which the client is entitled. It also recognizes that other law may permit retention of papers.

Those provisions do not mean every document must be released immediately or that every substitution follows the same procedure. Ask which notices, permissions or case-specific steps apply and who will handle them. Avoid assuming that a pending event disappears while a transition is discussed.

Resolve the fee questions explicitly

A change of counsel can leave a question about fees for earlier work. Rule 1.5’s comment on successor counsel in contingency-fee matters addresses written notice that predecessor counsel may claim part of the fee in the situation it describes. It also calls for discussion of the effect on the proposed new agreement.

Ask how the existing agreement, expenses already incurred and any claimed fees relate to the proposed arrangement. Request an explanation in writing. Do not assume you will owe two full fees, no additional costs or a particular allocation; those are not conclusions supplied by this article.

Keep a confirmed handoff record

Record what has actually been agreed, which documents were transferred, what remains missing, and who is handling each pending action. Preserve the old agreement with the new documents rather than silently replacing it in your file.

A clear transition record can expose unanswered questions before they become lost tasks. Individual advice is needed to evaluate any particular agreement, fee dispute or pending proceeding.

Sources and scope

Checked 2026-11-09. These sources explain the Pennsylvania background identified below. The organizing methods and suggested questions on this page are editorial guidance, not filing requirements.

204 Pa. Code Rule 1.16: Declining or Terminating Representation — Rule 1.16(c); Rule 1.16(d).
204 Pa. Code Rule 1.5: Fees — Rule 1.5 Comment (5). Source amendment note: November 25, 2020.