Illinois Withdrawal and/or Substitution of Representation is a legal process that occurs when an attorney ends their representation of a client in a legal matter. When an attorney withdraws or is substituted, the court must be notified of the change in representation. There are two types of Illinois Withdrawal and/or Substitution of Representation: voluntary and involuntary. Voluntary withdrawal occurs when an attorney withdraws from a case for reasons like the client’s dissatisfaction or the attorney’s unavailability or conflict of interest. Involuntary withdrawal occurs when an attorney is removed from the case because of gross misconduct or a disciplinary action. In both cases, the court must approve the withdrawal or substitution. The process generally involves the attorney filing a motion to withdraw or substitute, as well as a notice to the client and the opposing party. Once the court approves the motion, the attorney is no longer obligated to represent the client in the legal matter.
Illinois Withdrawal and/or Substitution of Representation
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FAQ
The chief circuit judge shall take or initiate appropriate measures if a judge persistently fails to perform his or her judicial duties or comply with a directive from the chief judge.
As you may recall, the Illinois Code of Civil Procedure allows substitute service, through which process can be served by leaving a copy of the summons at a defendant's abode, with some family member or resident over the age of 13. 735 ILCS 5/2-203(a)(2).
Rule 1.10 - Imputation of Conflicts of Interest: General Rule (a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless the prohibition is based on a personal interest of the prohibited
8 A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation.
Rule 1.11 - Special Conflicts of Interest for Former and Current Government Officers and Employees (a) Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government: (1) is subject to Rule 1.9(c); and (2) shall not otherwise represent a client in
(a) Notice required - Except in actions appearing on the daily trial call or during the course of trial, written notice of the hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to
The motion for leave to withdraw shall be in writing and, unless another attorney is substituted, shall state the last known address(es) of the party represented. The motion may be denied by the court if granting the motion would delay the trial of the case, or would otherwise be inequitable.
If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.