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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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My brother has been going through a divorce for about the last

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My brother has been going through a divorce for about the last 2 years in Illinois. His attorney has not provided him with any of the paperwork. Also, his attorney has not contacted him about court dates. My brother is finding out about the court dates through his estranged wife. I'm concerned that he is not getting the appropriate consultation. I do know that what the attorney says and what he has found out are two different things. He has told me that both parties are not allowed to have a court appointed attorney. Is this true? He does not have the money to be able to get new legal council. What should I tell him?

I have a lot of additional questions and information about his estranged wife that I would like to discuss.

Please help me.


There are no court-appointed attorneys in divorce cases for the spouses. If a child custody issue is involved, it is possible to appoint an attorney to only represent the interests of the child. The parents are not entitled to court-appoint counsel.

Under the rules of professional conduct of the state of Illinois one of the major duties of an attorney is to provide their clients with reasonable communication and properly informed about their representation so that the client can make an informed decision. So if there has been a lack of communication, his attorney can be liable for violating the rules of professional conduct. Your brother can file a complaint with the state bar disciplinary board for further review. However the most important thing is that he has the right to find another attorney and get his files and copies of his paperwork by this current lawyer and a refund of all fees that have not yet been used for the services contracted for.

Your brother will need to find another lawyer unless he wants to do this on his own, which is not easy. He may wish to contact his local legal aid office to see if they can help him with free to low cost representation, but if your brother has an income, car or a house he would most likely be disqualified for free legal aid.

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