Dear Members:
This is in response to your many inquiries regarding what is the proper legal notice that your attorney must give you before he/she withdraws from your case.
Supreme Court Rule ("SCR") 13(c)(2) controls this issue. SCR 13(c)(2) states in pertinent part:
"Notice of Withdrawal. An attorney may not withdraw his appearance for a party without leave of court and notice to all parties of record, and, ... he must give reasonable notice of the time and place of the presentation of the motion for leave to withdraw, by personal service, or by certified mail directed to the party represented by him at his last known business or residence address. ... " [Emphasis added.].
A SCR is legally binding upon everyone, whether judge, lawyer, or litigant. Without proper legal notice pursuant to SCR 13(c)(2), the order granting withdrawal is contrary to Illinois law, and is void.
Illinois law states that Judges lose their subject-matter jurisdiction whenever they do not follow Illinois law. Thereafter, their orders are null and void. It is the duty of the judge to be certain that an attorney has fully complied with the law before issuing an order allowing the attorney to withdraw.
Prior to the notice of withdrawal, an attorney must further comply with SCR and Illinois Code of Professional Responsibility Rule ("IRPC") 1.16(d) [fn1], which states in pertinent part:
"In any event, a lawyer shall not withdraw from employment until the lawyer has taken reasonable steps to avoid foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with all applicable laws and rules." [Emphasis added.]
Under Illinois law you have a legal right to represent yourself. An attorney has interfered with your legal right if prior to withdrawing, he does not deliver to you all papers and property that you need to represent yourself in court. The delivery of your papers and property must occur prior to your attorney's withdrawal. An attorney may not lawfully interfere with your rights by not delivering to you all papers and property relative to your case.
We suggest that the judge has a duty to protect your rights in court. Before granting an order for an attorney to withdraw, the judge should insure that the attorney has fully and properly complied with SCR 1.16(d), including delivery to you of all necessary papers and property for you to properly proceed in court and with proper legal notice pursuant to SCR 13(c)(2).
Has your judge complied with the law? Has your judge lost subject-matter
jurisdiction?
[fn1] Since an IRPC is issued by the Illinois Supreme Court as a
SCR, they are binding law upon all judges and attorneys, and are the Law
in Illinois.
Copyright© 1998 by Citizens for Legal Responsibility®. All rights reserved. email: clr@clr.org
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August 1, 1998
Last updated September 26, 1998