Can I change my attorney during an ongoing divorce case in Illinois?

Yes, you have the fundamental right to change attorneys during any stage of your Illinois divorce case. Clients do have the right to obtain different attorneys throughout their case but there is a proper procedure that must be followed and the Judge will have to approve it. However, proper legal procedures must be followed, and court approval is required.

What is the process for substituting attorneys in Illinois family law cases?

To substitute attorneys during an already active case, the attorney substituting in will need to draft a motion and an Order, have the client and the previous attorney sign it, file it with the court and obtain a court date to present the motion to the Judge. The process involves preparing formal documents, obtaining necessary signatures, filing with the court, and attending a hearing for approval.

Are there any risks associated with changing attorneys mid-case?

Yes, several risks exist including potential case delays, increased costs, loss of case momentum, and possible court reluctance to approve changes close to trial dates. Judges usually always approve a substitution of attorneys unless they are extremely close to a hearing or trial date and the new counsel would cause some prejudice to the court or the parties in the case. Timing is crucial to minimizing these risks.

How do I inform the court about changing my legal representation?

The court must be formally notified through the motion for substitution process. An attorney may not withdraw his or her appearance for a party without leave of court and notice to all parties of record. All parties in the case must receive proper notice, and the court must approve the change before it becomes effective.

Will changing attorneys delay my case proceedings?

Changing attorneys can potentially cause delays, especially if done close to scheduled hearings or trial dates. However, People have a right to decide who they want representing them but should be aware that the attorney need time to get up to speed on the case. Early substitutions typically cause minimal delays, while last-minute changes may result in significant postponements.

Author: Jessica Marshall

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