Legal Question in Civil Litigation in Illinois

I don't have an attorney now. Question: when your attorney goes to court for you, and you are not there because your attorney told you specifically your presence is not needed in court, your attorney does something in court takes some action that is completely opposed to the goals of your legal case, what options do you have to get some relief? For example, your attorney goes to court to argue a motion. The attorney gets to court (you are not there), dismisses the motion; Then attorney dismisses himself from your case on that very day. The attorney dismissing himself implies that somehow you are in agreement with dismissing the motion and the dismissal. You had no contact with your attorney. How can you tell the court--this attorney acted on his own. I know I am responsible for the actions of my attorney but I want to file something to vacate what my attorney agreed to. Those are not my wishes or desires for my case. There must be some recourse to remove the actions of an attorney who does something that you do not agree with. And were unaware of until several days later. Is it called petition for relief?


Asked on 1/26/12, 10:00 am

1 Answer from Attorneys
Stephen Messutta

If the attorney "dismisses himself" that means the attorney probably got an order from the judge allowing him or her to withdraw, meaning the attorney no longer represents you in the case. A court will most likely not force the attorney back into the case and why would you want that attorney at this point. Among other things you should have been given notice of the withdrawal and a copy of the court order allowing the attorney to withdraw, which should also have allowed you at least 21 days to replace him or her. If you have an active case your first thought should be to replace the attorney who withdrew, and make sure your case is not messed up. My best thought for you is therefore to hire an attorney to replace the one who withdrew, and let the new attorney handle the case cooperatively with you. If there is a motion to be made, the replacement attorney should be able to make it, and if the one who withdrew did something that prejudices your case, you may have a legal action against him or her.....

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Answered on 1/26/12, 11:08 am


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