How to File a Motion to Withdraw as Counsel in Illinois

To file a motion to withdraw as counsel in Illinois, you submit a written motion under Illinois Supreme Court Rule 13(c) through eFileIL, give the client reasonable notice of the hearing, and obtain a signed order from the judge before your representation ends. Rule 1.16 supplies the grounds that justify withdrawal; Rule 13(c) controls the mechanics. Neither one lets you walk away on your own — the court has to release you.

What the Motion Must Contain

Rule 13(c)(3) requires the motion to be in writing.¹ Unless another attorney is simultaneously stepping in as replacement counsel, the motion must include the client’s last known address. That address is what lets the court send future notices directly to the client once you are out. The rule does not require a telephone number.

Include a proper case caption with all party names and the case number, and sign the motion. Rule 13 itself does not demand a detailed explanation of why you are withdrawing, but a motion that says nothing beyond “good cause exists” invites denial. Judges want enough information to evaluate whether withdrawal is justified without you revealing privileged communications. Language like “irreconcilable differences regarding case strategy” or “a breakdown in the attorney-client relationship” usually threads that needle.

Notice to the Client and Other Parties

Before the motion is heard, you must give the client reasonable notice of when and where it will be presented. Rule 13(c)(2) permits personal service, certified mail, or a third-party carrier sent to the client’s last known business or home address.¹ Electronic notice is allowed only if the client acknowledges receipt.

The rule uses “reasonable notice” instead of a fixed number of days. A case set for trial next week demands faster notice than one still in early discovery. The notice itself must tell the client two things: that you are seeking to withdraw, and that the client should either retain new counsel or file a supplementary appearance within 21 days of the withdrawal order to keep receiving court notices.

Notice also has to go to every other party of record. If another attorney is being substituted at the same time, the personal notice requirements to the client are waived because the client already has new representation lined up.

Filing Through eFileIL

Submit the motion through eFileIL, the statewide electronic filing platform.² The system is available around the clock and records the exact date and time of filing. Access it through any of the authorized electronic filing service providers. Upload the motion, pay any required fees, and select service options for other parties. Save the confirmation receipt; if service is later disputed, the filing timestamp matters.

The Hearing and Why Judges Deny Withdrawal

Your representation does not end until a judge signs an order granting the motion. At the hearing, the court verifies that proper notice was given and evaluates whether the grounds justify withdrawal. Rule 13(c)(3) gives the judge two explicit reasons to deny: granting the motion would delay the trial, or granting it would otherwise be inequitable.¹

Judges weigh several factors when deciding whether withdrawal would be inequitable:

Proximity to trial. A motion filed weeks before a scheduled trial date faces serious headwinds.
The client’s ability to find new counsel. Complex litigation that a new attorney would struggle to get up to speed on cuts against granting the motion.
Whether the attorney contributed to the problem. A judge is less sympathetic to a fee-based motion when the attorney caused delays that inflated the bill.
Prejudice to the opposing party from any continuance that would follow.

Do not disclose privileged communications during the hearing. If the client appears and opposes, the judge may question both sides before ruling. Even where a permissive ground under Rule 1.16(b) clearly applies, Rule 1.16(c) lets the tribunal order you to continue the representation, and you must comply.³

After the Order Is Entered

If the client did not appear at the hearing, Rule 13(c)(4) imposes an additional duty. Within three days of the order being entered, you must serve a copy of the withdrawal order on the client using the same methods allowed for the original notice — personal service, certified mail, or third-party carrier — and file proof that service was completed.¹

Once the order is signed, a 21-day period runs during which the client must either retain new counsel who files an appearance or file a supplementary appearance as a self-represented litigant listing an address for service. A self-represented client can also provide an email address for electronic service under Rule 11(b). If the client does nothing, the court will direct future notices to the client’s last known business or home address, and the case proceeds.

Grounds You Will Need to Justify Withdrawal

Rule 1.16 draws a hard line between situations where withdrawal is mandatory and where it is permitted. Mandatory withdrawal applies when continuing the representation would require you to break the Rules of Professional Conduct or other law, when your physical or mental condition seriously impairs your ability to do the job, or when the client discharges you.³

Permissive withdrawal under Rule 1.16(b) covers a broader set of grounds, including:

Withdrawal that will not materially harm the client’s interests.
The client insisting on using your services to commit or continue a crime or fraud.
The client demanding action you find fundamentally repugnant.
The client failing to meet a financial obligation after being warned you will withdraw.
The representation becoming an unreasonable financial burden or the client making it unreasonably difficult to continue.
Other good cause.

State the applicable ground in the motion clearly enough to satisfy the court, but keep confidential facts out of the record.

Protecting the Client on the Way Out

Rule 1.16(d) requires reasonable steps to protect the client’s interests when the representation ends: adequate notice, time to find new counsel, return of the client’s papers and property, and refund of any prepaid fee that has not been earned.³

The client file is where attorneys most often stumble. Illinois recognizes a common-law retaining lien that technically allows an attorney to hold onto a client’s papers and funds until paid. That lien is passive: you can raise it as a defense if the client sues for the file, but you cannot use it to affirmatively block a client from accessing case materials when doing so would prejudice the client. If the client needs the file to continue the case, the practical answer is usually to release it and pursue the fee dispute separately.

Limited Scope Appearances Follow a Different Process

If you entered a limited scope appearance under Rule 13(c)(6) and have completed the agreed-upon work, do not file a motion to withdraw. File a Notice of Completion of Limited Scope Appearance using the standardized statewide form.¹

Two methods are available. In open court, if the client is present when the representation wraps up, you can present the notice at the hearing without prior notice to the client, and the withdrawal takes effect immediately without leave of court. If the client objects and claims the work was not completed, the court holds an evidentiary hearing, and the withdrawal stands unless the court finds by clear and convincing evidence that the limited scope work was not finished.

Outside of court, file the notice and serve it on the client along with a blank objection form. The client then has 21 days to file an objection. If none is filed, the withdrawal stands without a court hearing. This procedure only applies when the specific tasks in the original limited scope agreement have been completed. To withdraw from a limited scope case for any other reason, use the standard motion process under Rule 13(c)(2) and (c)(3).

1
Supreme Court of Illinois. Rule 13 – Appearances — Time to Plead — Withdrawal
2
Office of the Illinois Courts. eFileIL – Statewide e-filing
3
Illinois Courts. Rule 1.16 – Declining or Terminating Representation