Legal Question in Family Law in Illinois

I owe my divorce attorney about $5000. She is withdrawing from my case. What do I do about retaining another attorney.


Asked on 4/27/11, 9:51 pm

1 Answer from Attorneys

David Gotzh Law Office of David Gotzh

Two ways this can happen - you can retain another attorney today, and we'd file what's called, a substitute appearance. Or you can wait until she formally withdraws, in which case you will be given 21 days to file an appearance or retain new counsel. The problem with the latter is that the case moves forward while you're out looking - valuable time is lost as a result.

The problem with finding new counsel when the prior attorney withdraws is two-fold: First a lien is put on your file, which generally must be satisfied before I can get access to it. Second, the subsequent attorney, fearful that you will not pay them either, may require a ridiculous upfront retainer to protect themselves.

Be honest with your new attorney on how you got into this mess. Hourly rates aren't negotiable (generally), but the retainer amount is.

If you choose not to retain counsel, you still need to file an appearance within 21 days or you will be held in default (and your ex wins). Weigh your options carefully and do what's best for you.

Best of luck and hope this helps.

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Answered on 4/28/11, 5:20 am


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