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March 1, 2023
On March 1, 2023, the Chairperson of the Attorney Registration and Disciplinary Commission entered an order superseding previous pandemic-related orders for disciplinary proceedings. The March 1, 2023 order, which will remain in effect until further order of the Commission, provides that effective May 1, 2023:
- All uncontested hearings before the Hearing Board, including prehearing conferences, default hearings and consent hearings, shall be conducted remotely. An uncontested hearing may be held in person if there is good cause shown for doing so.
- All contested hearings before the Hearing Board shall be held in person. A contested hearing may be held remotely if the Chair of the case and both parties agree to holding the hearing remotely.
- All oral arguments before the Review Board shall be held in person. An oral argument may be held remotely if the Chair of the Review Board and both parties agree to holding the oral argument remotely.
Focus on Rule 4.2 Communications with Persons Represented by Counsel: ABA Formal Opinions 502 and 503
Rule 4.2 was the subject of two recent ABA formal ethics opinions. The first, ABA Formal Opinion 502 Communication with a Represented Person by a Pro Se Lawyer (Sept. 28, 2022) looked at the question of whether the prohibition of communication with a represented person under Rule 4.2 applies in the context of a lawyer engaged in self-representation. The second, ABA Formal Opinion 503 “Reply All” in Electronic Communications (Nov. 2, 2022) considered whether consent to communicate with a represented client is given, albeit implied, when the lawyer includes the lawyer’s client in an email communication to opposing counsel. Read more.
Illinois Supreme Court Amends Rule 756
On October 24, 2022, the Illinois Supreme Court amended Rule 756 relating to attorney registration and fees. The changes reduce the cost of returning to the master roll for retired status attorneys and attorneys whose ARDC registration has lapsed. These attorneys will be responsible for paying the current year registration fee and a $25 per month reinstatement fee for the months they were on retirement status and/or removed due to lapsed registration. The reinstatement fee is subject to a $600 cap. These attorneys will no longer be responsible for paying prior year fees or late fees with no ceiling. Amended Rule 756 also outlines, with specificity, the circumstances under which attorneys may be eligible to receive a fee waiver due to financial hardship. Detailed information regarding fees waivers can be found here.
The basics of referral fee agreements between lawyers
September 28, 2022
Referral fee agreements are good for lawyers and clients. They incentivize lawyers, who lack the time or expertise to handle a client’s matter, to seek out other lawyers to ensure that clients obtain competent representation. » Read More.
Crossing the line: Threatening to bring disciplinary or criminal charges to obtain an advantage in a civil matter
July 27, 2022
If you’ve ever had an opposing counsel threaten you with filing a disciplinary complaint or criminal charges, you’ve probably wondered if opposing counsel crossed an ethical line. » Read More.
Reporting CLE Compliance - Visit MCLE Board Website
The MCLE completion deadline for Illinois attorneys with last names beginning with letters A-M is June 30, 2022. Compliance reports must be made directly to the MCLE Board by July 31, 2022. For general MCLE information and FAQs, to report compliance, or to review MCLE credits earned from August 2019 and forward, visit the MCLE Board website.