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    The attorney filed an affidavit in support of the defendant's motion to vacate a default judgment and allow substitute counsel to appear. [1] The attorney previously represented the defendant but withdrew from the case without directly notifying the company or its president. [2] The attorney believed the defendant had a meritorious defense but relied on a friend to inform the company of the withdrawal, which did not occur. [3] The attorney now realizes direct notification was needed and an injustice would result if the defendant was not allowed to present its defenses in court.

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    The attorney filed an affidavit in support of the defendant's motion to vacate a default judgment and allow substitute counsel to appear. [1] The attorney previously represented the defendant but withdrew from the case without directly notifying the company or its president. [2] The attorney believed the defendant had a meritorious defense but relied on a friend to inform the company of the withdrawal, which did not occur. [3] The attorney now realizes direct notification was needed and an injustice would result if the defendant was not allowed to present its defenses in court.

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    The attorney filed an affidavit in support of the defendant's motion to vacate a default judgment and allow substitute counsel to appear. [1] The attorney previously represented the defendant but withdrew from the case without directly notifying the company or its president. [2] The attorney believed the defendant had a meritorious defense but relied on a friend to inform the company of the withdrawal, which did not occur. [3] The attorney now realizes direct notification was needed and an injustice would result if the defendant was not allowed to present its defenses in court.

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    Download as DOC, PDF, TXT or read online from Scribd
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    148 views2 pages

    Upload Sample

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    Alexagreek
    The attorney filed an affidavit in support of the defendant's motion to vacate a default judgment and allow substitute counsel to appear. [1] The attorney previously represented the defendant but withdrew from the case without directly notifying the company or its president. [2] The attorney believed the defendant had a meritorious defense but relied on a friend to inform the company of the withdrawal, which did not occur. [3] The attorney now realizes direct notification was needed and an injustice would result if the defendant was not allowed to present its defenses in court.

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    of 2

    IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

    COUNTY DEPARTMENT, LAW DIVISION

    _____________, a Wisconsin Corporation, )


    )
    Plaintiff, )
    )
    v. ) NO.
    )
    an Illinois )
    Corporation
    )
    )
    Defendant. )

    AFFIDAVIT OF ATTORNEY IN SUPPORT OF DEFENDANTS’ 2-1401


    MOTION TO VACATE DEFAULT JUDGMENT AND FOR LEAVE TO FILE
    COUNSEL’S SUBSTITUTE APPEARANCE

    The former attorney of record for Defendant, having been duly sworn and under oath,
    states as follows:

    1. I am an attorney licensed to practice law in the state of Illinois, who filed an


    appearance on behalf of Defendant in the above referenced case on _________.

    2. Defendant has a meritorious defense to this lawsuit, therefore, I also filed an


    answer and an affirmative defense on behalf or Defendant on __________

    3. Counsel for the plaintiff, West Bend Mutual Insurance Company wrote to me
    asking if my client wanted to explore settlement. However, before settlement
    discussions occurred, I withdrew from the case and did so on
    ______________with leave of court. I later learned that after their trial by
    ambush, ie. default, they refused to discuss re-auditing as promised or discuss
    settlement with new counsel.

    4. Before my withdrawal, I did not speak with the President and Owner the
    Company, to inform her personally of the case status, of my motion to withdraw,
    nor the order allowing me to withdraw in this case.

    5. My sole involvement with this case was through an old friend, who had been
    trying to get West Bend Insurance to conduct a re-audit and review an alleged
    premium owed as promised before they filed their lawsuit against their former
    client the Company. (See complaint with attached)

    6. Recently, I was contacted by new counsel for the Defendant seeking copies of the
    file and information on behalf of the owner and President the Defendants’

    1
    business account, had been frozen due to a large judgment, and a citation to
    discover assets in a case I had previously been handling for the Defendant.

    7. I did not provide or give direct notice to the Company or the president that I was
    withdrawing from this case.

    8. I had only advised the friend and thought that he would relay that information to
    the company owner and president on my behalf.

    9. I realize now that the friend did not advise the corporation, or the owner/President
    of my withdrawal and of the need for new corporate counsel to appear by a date
    certain.

    10. If I had known he would not advise the President of the case status and my
    withdrawal, I would have spoken with her directly and advised her that I was
    withdrawing from the case and that she needed new counsel as well.

    11. I believe that the Defendant has a very good and meritorious defense in this case
    and an injustice would occur if they were not allowed to present their defenses in
    court.

    _____________________________
    _
    Attorney ________________

    Signed and Sworn to before me this ___ day of ___________, 2010.

    __________________________
    Notary Public

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