Divorce can be an overwhelming journey, but having the right legal counsel can make a significant difference. However, there are instances where the professionals entrusted with protecting their clients’ interests may find themselves needing to step away from a divorce case. In this article, we will answer the question: What happens when an attorney withdraws from a divorce case in Illinois? To answer that question we will explore the following:
- Reasons an attorney may withdraw from a case.
- The process of withdrawal for both attorneys and clients.
POSSIBLE REASONS AN ATTORNEY WITHDRAWS FROM A DIVORCE CASE IN ILLINOIS
Don’t worry, an attorney can’t just come and go as they please in the middle of a case. There are set rules in place to protect clients. There must be judicial cause for an attorney to reasonably withdraw from any client or case. According to Illinois Supreme Court Article VIII Rule 1.16, a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client.
There can be several reasons why an attorney withdraws from a divorce case in Illinois, including but not limited to:
1. Irreconcilable Differences:
Sometimes, an attorney may have fundamental disagreements or conflicts with the client that make it difficult to continue representing them effectively. This could be due to a breakdown in communication, differences in strategy, or a lack of cooperation from the client.
2. Non-Payment of Fees:
If a client fails to pay their legal fees as agreed upon or becomes consistently delinquent, an attorney may withdraw from the case. Attorneys have the right to be compensated for their services, and if a client is unable or unwilling to fulfill their financial obligations, the attorney may choose to withdraw. This is one of the most common reasons an attorney withdraws from a divorce case in Illinois. So make sure you timely pay all invoices and additional retainer requests to avoid this scenario.
3. Ethical Concerns:
If an attorney discovers that their client has engaged in fraudulent or unethical behavior (like ignoring court orders), or if the attorney becomes aware of a conflict of interest that compromises their ability to represent the client effectively, they may withdraw to maintain professional integrity.
4. Loss of Trust or Misrepresentation:
If an attorney discovers that a client has been providing false or misleading information that significantly affects the case, it can erode trust and compromise the attorney’s ability to represent the client effectively. In such situations, the attorney may choose to withdraw from the case.
5. Lack of Client Cooperation:
A divorce case requires active participation and cooperation from the client. If a client consistently fails to provide necessary documents, information, or fails to comply with the attorney’s advice or requests, it can impede the progress of the case. In such instances, the attorney may choose to withdraw if they believe they cannot effectively represent the client without their cooperation. This sometimes happens when a client is moving out of state before divorce is final.
6. Personal or Professional Reasons:
Attorneys may also withdraw from a case due to personal or professional reasons that make it impractical or impossible for them to continue the representation. This could include health issues, conflicts with other commitments, or a decision to leave a particular area of legal practice.
It’s important to note that an attorney’s decision to withdraw from a case is typically governed by the rules and regulations of the jurisdiction they practice in. They must follow the appropriate legal procedures and obtain court permission if necessary to withdraw from ongoing representation. Keep in mind that Rule 13 also states that if the court does not find the attorney withdrawal to be in the best interest of the parties represented, inequitable, or would delay the trial of the case, the judge may deny the attorney’s motion to withdraw.
WHEN WITHDRAWAL OCCURS
Illinois Supreme Court Rule 13 states that an attorney may not withdraw from a case without meeting the following requirements:
- Must obtain leave of court and notice to all parties of record.
- Must give reasonable notice of the time and place of the presentation of the motion for leave to withdraw unless another attorney is substituted.
- Must file Motion to Withdraw with the court in writing and provide the last known address(es) of the party they represented unless another attorney is substituted.
- Must surrender papers and property to which the client is entitled and refund any advance payment of fee or expense that has not been earned or incurred.
As the client, you may be asking, “Does it look bad if your lawyer withdraws from your divorce case?” You may also wonder, “Where do I go from here?” It’s not ideal to have your attorney withdraw, or switch attorneys during the middle of a case, but judges don’t necessarily assume that you did anything wrong. The best way to move forward is to obtain your case file from the withdrawing attorney, consult with a new attorney and obtain new counsel as soon as possible to protect your interests.
DISMISSAL VS WITHDRAWAL
It is imperative that you do not confuse Dismissal of a case with Withdrawal from a case. A judge may dismiss a case for certain reasons, but that is not the subject of this article. For more information on dismissal, see our related articles: Why Would a Judge Dismiss a Divorce Case in Illinois | Can a Dismissed Divorce Case be Reopened in Illinois
Conclusion: What Happens When an Attorney Withdraws From a Divorce Case in Illinois?
Luckily, not all is lost if your attorney withdraws from your divorce case. Courts have rules in place to make sure Plaintiffs and Defendants are not left out to dry. While the best practice is to avoid any conduct that would make your attorney withdraw, there are solutions in place to find a new attorney without disrupting your case.
Qualified legal representation is important and can make a big difference in the outcome of your case. If your attorney has withdrawn from your case, and you are in need of a new family law attorney in Bloomington, IL then reach out to KGN Law Firm to get the representation you deserve.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (What Happens When an Attorney Withdraws From a Divorce Case in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about What Happens When an Attorney Withdraws From a Divorce Case in Illinois.
Published by Dustin Koth on January 18, 2024
