Substitution of Attorney

SUBSTITUTION OF ATTORNEY — ILLINOIS STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Client written consent obtained (required for stipulated substitution under Rule 13(c)(2))
☐ All parties and counsel of record notified of substitution
☐ Substituting attorney's new Appearance filed in eFileIL simultaneously with this Notice
☐ eFileIL service contacts updated to reflect new counsel
☐ Motion for Leave to Withdraw filed separately if no substitute (Rule 13(b))
☐ Proposed Order attached if court approval is sought
☐ Certificate of Service completed
☐ File transfer and trust account matters addressed per ILRPC 1.16

ILLINOIS PROCEDURAL OVERVIEW

Governing Rule: Illinois Supreme Court Rule 13 governs appearance, withdrawal, and substitution of attorneys. Rule 13 was amended effective January 1, 2023, and again effective January 1, 2026.

Stipulated Substitution — No Court Order Required (Rule 13(c)(2)):
An attorney may withdraw upon the simultaneous filing of a substitute attorney's Appearance when: (1) both attorneys sign the Notice of Withdrawal/Substitution, and (2) the client consents in writing. The substituting attorney must e-file their Appearance simultaneously. No court order or hearing is required.

Withdrawal Without Substitute — Motion Required (Rule 13(b)):
If no substitute attorney is entering, the withdrawing attorney must file a written motion for leave to withdraw. The motion must state the client's last known address and telephone number. The court may deny the motion if withdrawal would cause undue delay or prejudice.

Notice to Client: Notice to the represented party may be given by: (1) personal service; (2) certified mail; (3) third-party commercial carrier; or (4) electronic means if the client acknowledges receipt. Illinois courts strictly enforce notice requirements.

E-Filing Requirement: All attorneys are required to e-file through eFileIL (Illinois's statewide e-filing system). The substituting attorney must file a new Appearance form. The withdrawing attorney files a Notice of Withdrawal simultaneously. Both filings are made through the eFileIL portal.

ARDC Number: All Illinois attorneys must include their ARDC (Attorney Registration and Disciplinary Commission) number on all court filings. Verify current standing at iardc.org.

Cook County / Chicago: Cook County Circuit Court has division-specific local rules (Law Division, Chancery, Domestic Relations, Probate, etc.). Attorneys should consult the applicable Cook County division's standing orders. Some judges post standing orders on the Cook County Circuit Court website.

Effect on Pending Dates: Substitution does not automatically continue any hearing or trial date. A continuance must be requested separately from the court.

COURT CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

[________________________________],
Plaintiff,

vs. Case No. [________________________________]

[________________________________], Calendar/Division: [____________________]
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY
(Illinois Supreme Court Rule 13(c)(2))

NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to Illinois Supreme Court Rule 13(c)(2), [________________________________] (the "Party") hereby substitutes [________________________________] (ARDC No. [________________________________]) as attorney of record in the above-captioned proceeding, in place of [________________________________] (ARDC No. [________________________________]).

This substitution is effective upon the simultaneous filing of this Notice and the substituting attorney's Appearance.

Party Substituting Counsel:

Name: [________________________________]
Party's Role: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Other: [____]

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Illinois ARDC Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Illinois [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
eFileIL Service Email: [________________________________]

Date of Original Appearance in This Case: [__/__/____]
Court Division / Calendar Assignment: [________________________________]

Withdrawing Attorney Representations:
☐ Client has been notified of this substitution by: ☐ Personal Service ☐ Certified Mail ☐ Email (acknowledged) ☐ Other: [____]
☐ Client has provided written consent to this substitution
☐ All files, documents, and client property will be promptly transferred to substituting counsel
☐ Trust account funds will be handled per ILRPC 1.16(d) and ILRPC 1.15
☐ All known pending deadlines, hearings, and trial dates have been disclosed to substituting counsel
☐ No known conflict or impediment prevents this substitution

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Illinois ARDC Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Illinois [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
eFileIL Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am licensed and in good standing with the Illinois ARDC
☐ I have reviewed the case file and accept representation effective upon filing
☐ I am simultaneously filing my Appearance form in eFileIL for this case
☐ I am aware of all pending deadlines, hearings, and trial dates listed below

Pending Hearings / Deadlines:

SECTION 3: CLIENT CONSENT

I, [________________________________], the party represented in the above-captioned action, hereby:

☐ Consent to the withdrawal of [________________________________] (ARDC No. [________________________________]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (ARDC No. [________________________________]) as my new attorney of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Acknowledge that substitution does not automatically continue any scheduled hearing or trial.
☐ Authorize the transfer of my complete client file and all related materials to substituting counsel.
☐ Acknowledge receipt of a copy of this Notice of Substitution.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Mailing Address (for Court Records): [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

SECTION 4: SIGNATURES

Withdrawing Attorney

I certify under penalties of perjury that the information in Section 1 is true and accurate, and I consent to this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

Illinois ARDC No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify under penalties of perjury that the information in Section 2 is true and accurate, and I accept this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

Illinois ARDC No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION FOR LEAVE TO WITHDRAW (No Substitute)

Complete this section ONLY if no substitute attorney is entering and court approval is required under Ill. S. Ct. Rule 13(b).

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

MOTION FOR LEAVE TO WITHDRAW AS ATTORNEY OF RECORD

NOW COMES [________________________________] (ARDC No. [________________________________]), counsel for [________________________________], and moves for leave to withdraw pursuant to Illinois Supreme Court Rule 13(b) and ILRPC 1.16, stating:

1. The undersigned has served as counsel for [________________________________] since [__/__/____].

2. Grounds for withdrawal (check all applicable):
   ☐ Client has discharged the attorney
   ☐ Irreconcilable breakdown in the attorney-client relationship
   ☐ Client has failed to pay fees or costs as agreed
   ☐ Continued representation would violate the Rules of Professional Conduct
   ☐ Attorney is retiring / closing practice
   ☐ Other: [________________________________]

3. The last known address and contact information for the client is:
   Name: [________________________________]
   Address: [________________________________]
   City, State, ZIP: [________________________________], Illinois [____]
   Telephone: ([____]) [____]-[____]
   Email: [________________________________]

4. Notice of this motion ☐ has been ☐ has not been provided to the client by:
   Method: [________________________________] Date: [__/__/____]

5. Next scheduled court date: ☐ None ☐ [__/__/____] at [____]:00 [__]m, Courtroom [____]
   Withdrawal ☐ will not ☐ may cause delay; explanation: [________________________________]

WHEREFORE, undersigned counsel respectfully requests this Court enter an Order granting leave to withdraw as attorney of record.

[________________________________] (ARDC No. [________________________________])
[________________________________]
[________________________________], Illinois [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

ORDER ON SUBSTITUTION / WITHDRAWAL OF ATTORNEY

THIS MATTER coming before the Court; the Court having reviewed the filing and being duly advised:

IT IS HEREBY ORDERED:

1. ☐ The substitution of [________________________________] (ARDC No. [________________________________]) as attorney of record for [________________________________], in place of [________________________________] (ARDC No. [________________________________]), is APPROVED.

☐ Leave to withdraw as attorney of record for [________________________________] is GRANTED to [________________________________] (ARDC No. [________________________________]).

2. Future pleadings and notices shall be directed to:
   ☐ Substituting counsel: [________________________________], [________________________________]
   ☐ The party directly at: [________________________________], [________________________________], Illinois [____]

3. ☐ All scheduled hearing and trial dates remain as previously set.
   ☐ The matter is continued to [__/__/____] at [____]:00 [__]m, Courtroom [____].

ENTERED: [__/__/____]

[________________________________]
Judge, Circuit Court of [________________________________] County
[________________________________] Division / Calendar [____]

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true copy of the foregoing upon the following by the method indicated, in compliance with Illinois Supreme Court Rule 11:

Signature: [________________________________]

Printed Name: [________________________________]

ARDC No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — ILLINOIS

1. Rule 13(c)(2) Stipulated Substitution: All three signatures (withdrawing counsel, substituting counsel, client) plus simultaneous e-filing of the new Appearance makes a court order unnecessary. This is the preferred approach.

2. eFileIL Portal: File through the Illinois statewide system. Substituting counsel must register in eFileIL and file a new Appearance at the same time as the Notice of Withdrawal is filed.

3. ARDC Verification: Verify that substituting counsel's ARDC registration is current and active at iardc.org. A suspended attorney cannot substitute.

4. Cook County Division Rules: Each Cook County division (Law, Chancery, Domestic Relations, Probate, County) has specific standing orders. Check the assigned judge's standing order and current Cook County General Orders.

5. Notice to Represented Party: Illinois Rule 13(b) requires the client's last known address be included in any motion to withdraw. Send notice by certified mail AND document it in your certificate of service.

6. No Automatic Continuance: Substitution does not stay deadlines or continue trial dates. File a motion for continuance separately if needed.

7. Limited Scope Appearances: Under Rule 13(c)(6), attorneys who entered a limited scope appearance withdraw via a Notice of Completion of Limited Scope Appearance, not this form.

8. Trust Account Compliance: Under ILRPC 1.16(d) and 1.15, all client funds in trust must be returned or transferred. Obtain written acknowledgment from the client upon transfer.

9. Liens: If the withdrawing attorney has an attorney's lien under 770 ILCS 5/1, note that lien in writing to the client and substituting counsel.

Sources and References:

• Illinois Supreme Court Rule 13 (eff. Jan. 1, 2026): illinoiscourts.gov
• Illinois ARDC Search: iardc.org
• eFileIL Portal: efile.illinoiscourts.gov
• Cook County Circuit Court: cookcountycourt.org
• Illinois Rules of Professional Conduct: iardc.org/rules