Press release
Chicago Divorce Lawyer Russell Knight Explains What Happens When Your Divorce Attorney Withdraws
For individuals in the middle of a divorce in Chicago, losing legal representation can feel overwhelming. When a divorce lawyer in Chicago decides to withdraw from a case-whether by choice or necessity-the process isn't as simple as walking away. As Chicago divorce lawyer Russell Knight explains, a formal motion to withdraw must be filed and approved by the court. "Your divorce lawyer must file a motion to withdraw as counsel with the court before your divorce lawyer can formally withdraw from your divorce case," Knight writes. This procedural step ensures the client is not left without notice and has time to respond or find new representation.
Understanding why a divorce lawyer might withdraw from a case is essential. According to Russell Knight, Illinois attorneys are guided by Rule 1.16 of the Illinois Rules of Professional Conduct, which outlines both mandatory and permissible reasons for withdrawal. For a Chicago divorce lawyer, mandatory withdrawal may be required if continuing the representation would break legal or ethical rules, if the lawyer's health is compromised, or if the client has terminated the relationship. Optional reasons include non-payment, unreasonable client behavior, or a breakdown in trust. "So, basically, if a divorce lawyer wants to withdraw from your divorce case in Illinois, that divorce lawyer is allowed to withdraw," Knight states plainly.
Russell Knight emphasizes that divorce lawyers must also follow a formal court process in Cook County. This includes filing a written motion that lists the client's last known address and scheduling a hearing for the court to approve the withdrawal. The motion may be denied if it would cause delays, especially if a trial is imminent. A Chicago divorce lawyer cannot simply leave the case without court approval. "An Illinois lawyer must file a motion to withdraw from representation and send both their client, the opposing counsel, and any other interested parties of record notice of when that motion will be presented," Knight notes.
Clients do have the right to object to the withdrawal at the hearing, but their success is limited. According to Knight, the court rarely denies these motions unless a trial is near. If the lawyer claims there are ethical reasons for withdrawal, they usually can't be disclosed in open court due to attorney-client privilege. Challenging this may require the client to waive their rights and reveal sensitive information-something most are reluctant to do. As Knight puts it, "Why would anyone want someone to work for them who doesn't want to work? Why would anyone expect a good result from a lawyer who tried to withdraw?"
Once the court approves the motion, clients are given 21 days to hire a new attorney or file a pro se appearance. The withdrawn divorce lawyer must provide the client's full case file and return any unearned portion of a retainer. Russell Knight points out that while this transition period is standard, it's often insufficient for those dealing with complex legal matters. Nonetheless, the court assumes clients are already familiar with their case and expects them to move forward.
Failing to file a timely appearance or retain new counsel can lead to serious issues, including missed deadlines and the inability to participate meaningfully in court. Knight warns that appearing in court without filing an appearance may result in being barred from speaking or presenting evidence. "A pro se litigant must comply with the rules of procedure required of attorneys," he explains, referencing a 2019 Illinois appellate court decision.
Hiring a new divorce lawyer can also be difficult once one has withdrawn. Other attorneys may be hesitant to jump into an ongoing case and may contact the former attorney or opposing counsel before agreeing to representation. As Knight notes, divorce cases that are simple or uncontested rarely end up in this situation. Complex, contentious cases are usually the ones where lawyers withdraw, making them more difficult for a new attorney to step into quickly.
Even after a divorce case concludes, legal obligations may linger. Russell Knight clarifies that a divorce lawyer's responsibilities end once the judgment is entered. If future motions are needed to enforce or change the divorce terms, former clients must hire their lawyer again or retain someone new. "The attorney-client relationship terminates after the judgment of divorce is entered," Knight confirms, citing Illinois case law.
About The Law Office Of Russell D. Knight:
The Law Office Of Russell D. Knight is based in Chicago, Illinois, and is dedicated to handling divorce and family law matters across Cook County. Russell D. Knight has written extensively on Illinois divorce law, providing practical and accessible legal information to the public. With hundreds of articles published and contributions to professional legal publications, Knight remains a trusted source for understanding family law in Chicago.
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