United States District Court - Northern District of Illinois

General Rules

Rules 3.80 to 3.99 Procedures For The Appointment Of Attorneys In Pro Bono Civil Actions


Rule 3.85 Discharge Of Appointed Attorney On Request Of Party

A. Request for Discharge of Appointed Attorney

Any party for whom an attorney has been appointed shall be permitted to request the judge to discharge the attorney from the representation and to appoint another attorney. Such request shall be made promptly after the party becomes aware of the reasons giving rise to the request, or within such additional period as may be permitted by the judge for good cause shown.

B. Order of Discharge and Appointment of Another Attorney

When such a request is supported by good cause, such as personal incompatibility between the party and the appointed attorney or a substantial disagreement between the party and the appointed attorney on litigation strategy, the judge shall forthwith issue an order discharging and relieving the appointed attorney from further representation of the party in the action or appeal. Following the entry of such an order of discharge, the judge may in his/her discretion either issue a further order directing the appointment of another attorney to represent the party or not issue such an order. In any action or appeal where the judge discharges an appointed attorney but does not issue a further order of appointment, the party shall be permitted to proceed pro se.

In any action or appeal where a second attorney is appointed and subsequently discharged upon request of a party, no additional appointment shall be made except on a strong showing of good cause. Any appointments made following the entry of an order of discharge shall be made in accordance with the procedures set forth in Rule 3.82 of these Rules.