The short answer
What Illinois families should know.
Changing lawyers should include a deliberate transfer of the case file and calendar. Illinois Rule of Professional Conduct 1.16 requires reasonably practicable steps to protect the client when representation ends, including surrendering papers and property the client is entitled to receive. The rule also recognizes that other law can affect retention of papers.
Ask for a useful and specific transfer
Request filed pleadings, entered orders, discovery exchanged, exhibits, correspondence, expert materials, and an upcoming-deadline list. Identify original documents or property separately. Tell the former lawyer where the file should be sent and authorize communication with replacement counsel. A folder of scanned pleadings may not include native spreadsheets, photographs, recordings, or financial exports needed for future work. Describe those items expressly.
Separate the file question from the fee accounting
Request the engagement agreement, final or current invoice, payment ledger, and explanation of any claimed balance. Rule 1.16 addresses return of unearned advance fees or expenses and recognizes retention only to the extent other law permits. It does not itself resolve every lien or file-ownership dispute. If a lawyer asserts a right to withhold specific materials, ask for the identified basis and obtain advice about the particular documents and urgency.
Protect imminent hearings first
A fee disagreement does not make the court calendar disappear. Give new counsel the next hearing notice, all scheduling orders, and anything needed for an immediate response. Determine whether court permission or a substitution is required to end the prior appearance. The rule requires compliance with applicable tribunal requirements and continued representation when ordered. Do not assume an email saying “you are fired” completes every court procedure.
Confirm that the transfer is complete
Compare the received materials against the docket and your document list. Test electronic files and preserve their original formats. Identify missing discovery, passwords for authorized document access, expert communications, and exhibits that exist only in paper form. Keep the transfer correspondence factual and focused on what is needed to protect the case. Replacement counsel can address contested items while obtaining accessible copies from other lawful sources where appropriate.
Prepare
Useful next steps
- Prepare a list of requested file categories and original property.
- Send new counsel every imminent deadline and hearing notice.
- Request a written accounting of fees, expenses, and remaining advance funds.
Avoid
Common missteps
- Assuming a change of lawyer automatically extends court deadlines.
- Treating every file dispute as resolved by a single general rule.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.