If you’re in the middle of a divorce in Chicago, Illinois, then you know that nothing lasts forever. This may even include the relationship you have with your divorce lawyer. When you or your divorce attorney in Chicago decides to terminate your professional attorney/client relationship, 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. Why Would A Lawyer Withdraw From A Divorce Case? Lawyers in Illinois are governed by the Supreme Court of the State of Illinois’ Rules of Professional Conduct. According to those rules, sometimes the lawyer must withdraw from your case. “RULE 1.16: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other law; (2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or (3) the lawyer is discharged.” So, if the lawyer believes representing you may cause the lawyer to violate a rule or law, that lawyer must withdraw. If the lawyer is sick, ill, or even just tired to the point where the lawyer cannot fully represent you, that lawyer must withdraw. If you ask the lawyer to withdraw from your divorce case, the lawyer must withdraw from your divorce case. There are also several circumstances under the rule that allow a lawyer to withdraw in the middle of an ongoing divorce case: “(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent; (3) the client has used the lawyer’s services to perpetrate a crime or fraud; (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer […]
