(a)    Subject to the requirements contained in these rules, persons may be admitted or conditionally admitted to practice law in this State by the Supreme Court if they are at least 21 years of age, of good moral character and general fitness to practice law, and have satisfactorily completed examinations on academic qualification and professional responsibility as prescribed by the Board of Admissions to the Bar or have been licensed to practice law in another jurisdiction and have met the requirements of Rule 705.

      (b)    Any person admitted to practice law in this State is privileged to practice in every court in Illinois.  No court shall by rule or by practice abridge or deny this privilege by requiring the retaining of local counsel or the maintaining of a local office for the service of notices. However, no person, except the Attorney General or the duly appointed or elected State's Attorney of the county of venue, may appear as lead or co-counsel for either the State or defense in a capital case unless he or she is a member of the Capital Litigation Trial Bar provided for in Rule 714.

Amended effective October 2, 1972; amended April 8, 1980, effective May 15, 1980; amended June 12, 1992, effective July 1, 1992; amended March 1, 2001.  The amendment to paragraph (b) shall be effective one year after its adoption, and shall apply in capital cases filed by information or indictment on or after its effective date; amended October 2, 2006, effective July 1, 2007.

Committee Comments

Special Supreme Court Committee on Capital Cases

March 1, 2001

The requirement that all defense counsel and assistant prosecutors appearing as lead or co-counsel in capital cases must be members of the Capital Litigation Trial Bar was adopted to improve the fairness and reliability of capital trials.  The minimum qualifications for membership in the Capital Litigation Trial Bar are intended to insure that capital cases are tried by experienced, well-trained attorneys.  See Rule 714.  The amendment to Rule 701(b) provides the means for enforcement of the qualification standards by prohibiting an attorney who is not a member of the Capital Litigation Trial Bar from appearing as lead or co-counsel in a capital case.  See also Rule 416(d).  The Capital Litigation Trial Bar membership requirement does not apply to the elected or appointed State's Attorney of the county of venue or the Attorney General.  In addition, Rule 701(b) does not prohibit nonmembers from participating in a capital trial in the capacity of "third chair," provided such participation by a third attorney for the prosecution or defense is under the direct supervision of qualified lead or co-counsel.

For the purposes of Rule 701(b), the definition of a "capital" case is supplied by paragraphs (c) and (d) of Rule 416.  Rule 461(c) provides that the State must give notice of its intent to seek or decline to seek the death penalty as soon as practicable, and in no event later than 120 days after arraignment, unless the court directs otherwise.  Rule 416(d) provides that if the State provides notice of intent to seek the death penalty or fails to provide any notice in the time allowed by Rule 416(c), the trial court must confirm that attorneys appearing in the case are properly certified members of the Capital Litigation Trial Bar.  Thus, the Capital Litigation Trial Bar membership requirement of Rule 701(b) is effective upon notification that the State will seek the death penalty or expiration of the time allowed for notice under Rule 416(c) without any notice from the State, whichever occurs first.

Though the trial court will not enforce the counsel qualification standards of this rule and Rule 714 until the State provides notice of intent to seek the death penalty or the time for notice expires, in any case where the defendant may be eligible for the death penalty, defense counsel must presume the case will be capital unless the State has provided notice to the contrary.  Attorneys who are not members of the Capital Litigation Trial Bar should not agree to provide representation for a defendant in a potentially capital case (i.e., a case in which the defendant may be eligible for the death penalty, where the time for State notice has not expired and the State has not provided any notice with respect to its intent to seek or decline to seek the death penalty).  Attorneys should also decline to provide representation as sole counsel for a defendant in a potentially capital case, unless they are properly certified as lead counsel.  See Rule 714.  An attorney who is not properly certified under Rule 714 should never agree to provide representation for a defendant in a potentially capital case on the assumption that the State will not seek the death penalty, or that admission to the Capital Litigation Trial Bar or proper certification will be obtained after accepting the engagement.

When considering representation of a defendant charged with first degree murder, an attorney who is not a member of the Capital Litigation Trial Bar (or does not have proper certification) should immediately determine whether the defendant may be subject to the death penalty.  The attorney should ascertain, for example, whether the defendant has been denied bail because the offense is capital, or whether the charges filed or information available through reasonable investigation suggest that one of the statutory aggravating factors of section 9-1(b) of the Criminal Code of 1961 (720 ILCS 5/9-1(b)) may apply.  If any information available to the attorney suggests the case is potentially capital, the attorney should decline to provide representation for the defendant.  An agreement to provide limited representation in a potentially capital case should be entered into only after careful consideration of the complex practical, legal, and ethical issues involved, and full disclosure of the attorney's inability to provide representation in a capital case.

Adherence to the principles described above with respect to defense counsel in a potentially capital case will ensure fairness to the defendant, compliance with ethical responsibilities, and the proper administration of justice.  Consistent with these principles, an attorney appointed for an indigent defendant in a potentially capital case should be a member of the Capital Litigation Trial Bar, certified as lead counsel.  In addition, State's Attorneys are encouraged to assign assistant prosecutors who are members of the Capital Litigation Trial Bar in all potentially capital cases.  

RULE 702       Board of Admissions to the Bar

(a)    The Board of Admissions to the Bar shall oversee the administration of all aspects of bar admissions in this State including the character and fitness process.  The board shall consist of seven members of the bar, appointed by the Supreme Court to serve staggered terms of three years.  Each shall serve until his or her successor is duly appointed and qualified.  No member may be appointed to more than three full consecutive terms.

(b)    A majority of the board shall constitute a quorum.  A president shall be appointed by the Supreme Court and may serve only one three year term.  A secretary and treasurer shall be annually elected by the members of the board.  One member may hold the office of both secretary and treasurer.

(c)    The board shall audit annually the accounts of its treasurer and shall report to the court at each November term a detailed statement of its finances, together with such recommendations as shall seem advisable.  All fees paid to the board in excess of its expenses shall be applied as the court may from time to time direct.

Amended June 12, 1992, effective July 1, 1992; amended December 30, 1993, effective January 1, 1994.

RULE 703       Educational Requirements

 Every applicant seeking admission to the bar on examination shall meet the following educational requirements:

(a)    Preliminary and College Work.  Each applicant shall have graduated from a four-year high school or other preparatory school whose graduates are admitted on diploma to the freshman class of any college or university having admission requirements equivalent to those of the University of Illinois, or shall have become otherwise eligible for admission to such freshman class; and shall have satisfactorily completed at least 90 semester hours of acceptable college work, while in actual attendance at one or more colleges or universities approved by the Board of Admissions to the Bar.  In lieu of such preliminary or college work, the board may, after due investigation, accept the satisfactory completion of the program or curriculum of a particular college or university.  Proof of preliminary education may be made either by diploma showing graduation or by certificate that the applicant has become eligible for admission to such college or university, signed by the registrar thereof.  Proof of the satisfactory completion of college work may be made by certificate, signed by the registrar of the college or university, that the applicant has satisfactorily completed the required college work.  In lieu of the diploma and certificates described herein, the board may accept as proof of the preliminary and college work required herein, a certificate from an approved law school that the law school has on file proof of such preliminary and college work.

(b)    Legal Education.  After the completion of both the preliminary and college work above set forth in paragraph (a) of this rule, each applicant shall have pursued a course of law studies and fulfilled the requirements for and received a first degree in law from a law school approved by the American Bar Association.  Each applicant shall make proof that he has completed such law study and received a degree, in such manner as the Board of Admissions to the Bar shall require.  (

RULE 704       Qualification on Examination  

(a)    Every applicant for the Illinois bar examination shall file with the Board of Admissions to the Bar both a character and fitness registration application  and a separate application to take the bar examination.  The application shall be in such form as the board shall prescribe and shall be subject to the fees and filing deadlines set forth in Rule 706. 

(b)    In the event the character and fitness registration application and the separate application to take the bar examination shall be satisfactory to the board, the applicant shall be admitted to the examination; provided, however, that the following applicants must first receive certification of good moral character and general fitness to practice law by the Committee on Character and Fitness pursuant to Rule 708 before they will be permitted to write the bar examination:  (1) applicants who have been convicted of felonies or those misdemeanors involving moral turpitude; (2) applicants against whom are pending indictments, criminal informations, or criminal complaints charging felonies or misdemeanors involving moral turpitude; (3) applicants who have been rejected, or as to whom hearings are pending, in another jurisdiction on a ground related to character and fitness; or (4) applicants admitted to practice in another jurisdiction who have been reprimanded, censured, disciplined, suspended or disbarred in such other jurisdiction or against whom are pending disciplinary charges or proceedings in that jurisdiction.

(c)    The Board of Admissions to the Bar shall conduct separate examinations on academic qualification and professional responsibility.  At least two academic qualification examinations shall be conducted annually, one in February and the other in July, or at such other times as the board, in its discretion, may determine.  At least three professional responsibility examinations shall be conducted annually, one in March, another in August, and another in November, or at such other times as the board, in its discretion, may determine.  The board may designate the Multistate Professional Responsibility Examination of the National Conference of Bar Examiners as the Illinois professional responsibility examination.  The board may determine the score that constitutes a passing grade.

(d)    The academic qualification examination shall be conducted under the supervision of the board, by uniform printed questions, and may be upon the following subjects:  administrative law; agency and partnership; business organization, including corporations and limited liability companies; commercial paper; conflict of laws; contracts; criminal law and procedure; family law; equity jurisprudence; evidence; federal and state constitutional law; federal jurisdiction and procedure; federal taxation; Illinois procedure; personal property, including sales and bailments; real property; secured transactions; suretyship; torts; trusts and future interests; and wills and decedents' estates.  The academic qualification examination may also include a performance test.  The Board may include the Multistate Bar Examination, the Multistate Essay Examination and the Multistate Performance Test of the National Conference of Bar Examiners as components of the examination.

(e)    In the event the Board of Admissions to the Bar shall find that such applicant has achieved a passing score, as determined by the board, on the academic and professional responsibility examinations, meets the requirements of these rules, and has received from the Committee on Character and Fitness its certification of good moral character and general fitness to practice law, the board shall certify to the court that such applicant is qualified for admission  these requirements have been met; the Board may also transmit to the Court any additional information or recommendation it deems appropriate. 

(f)  For all persons taking the bar examination after the effective date of this rule, a passing score on the Illinois bar examination is valid for four years from the last date of the examination.  An applicant for admission on examination who is not admitted to practice within four years must repeat and pass the examination after filing the requisite character and fitness registration and bar examination applications and paying the fees therefor in accordance with Rule 706. 

RULE 705       Admission on Motion

Any person who, as determined by the Board of Admissions to the Bar, has been licensed to practice law in the highest court of law in any other state or territory of the United States or the District of Columbia may make application to the board for admission to the bar, without academic qualification examination, upon the following conditions:

(a) The applicant meets the educational requirements of Rule 703.

(b) The applicant is licensed in a jurisdiction that grants reciprocal admission to Illinois attorneys on the basis of Illinois practice; the applicant has been actively and continuously engaged in the qualified practice of law, as provided by these rules, for at least five of the seven years immediately prior to making application; and, except for practice described in paragraphs (g)(3), (g)(4), (g)(5) or (g)(6) below, during the requisite period the applicant must have practiced either in or the law of the reciprocal jurisdiction from which the applicant is applying.

(c) The applicant has passed the Multistate Professional Responsibility Examination in Illinois or in any jurisdiction in which it was administered.

(d) The applicant meets the character and fitness standards established in Illinois and has been so certified by the Committee on Character and Fitness pursuant to Rule 708.

(e) The applicant has paid the fee for admission on motion in accordance with Rule 706.

(f) An applicant who has taken and failed to pass the academic qualification examination in Illinois shall not be eligible to apply for admission on motion under this rule.

(g) For purposes of this rule, the term "practice of law" shall mean: (1) private practice as a sole practitioner or for a law firm, legal services office, legal clinic or the like; (2) practice as an attorney for an individual, a corporation, partnership, trust, or other entity, with the primary duties of furnishing legal counsel, drafting legal documents and pleadings, interpreting and giving advice regarding the law or preparing, trying or presenting cases before courts, departments of government or administrative agencies; (3) practice as an attorney for the Federal government or for a state government with the same primary duties as described in paragraph (g)(2) above; (4) employment as a judge, magistrate, referee, or similar official for the Federal or a state government, provided that such employment is available only to licensed attorneys; (5) legal service in the armed forces of the United States; (6) employment as a full-time teacher of law at a law school approved by the American Bar Association; or (7) any combination of the above. Applicants shall furnish such proof of practice as may be required by the Board.

(h) Each applicant for admission under this rule shall establish to the satisfaction of the Board that upon admission to the bar of Illinois he or she will engage in the active and continuous practice of law in Illinois.

Adopted April 3, 1989, effective immediately; amended October 25, 1989, effective immediately; amended June 12, 1992, effective July 1, 1992; amended December 6, 2001, effective immediately; amended September 30, 2002, effective immediately; amended February 6, 2004, effective immediately.

RULE 706       Filing Deadlines and Fees of Registrants and Applicants

(a)    Character and Fitness Registration.  Students attending law school who intend to take the Illinois bar examination shall file a character and fitness registration application with the Board of Admissions to the Bar in the form prescribed by the Board by no later than the first day of March following the student’s commencement of law school; provided, however, that a student who commences law school after the first day of January and before the first day of March in any calendar year shall file such application no later than the first day of July following the student’s commencement of law school.  Timely applications shall be accompanied by a registration fee of $100. All character and fitness registration applications filed after the foregoing deadlines shall be accompanied by a registration fee of $450.

(b)    Applications to Take the Bar Examination.  The fees and deadlines for filing applications to take the February bar examination are as follows:

(1)   $250 for applications postmarked on or before the regular filing deadline of September 1 preceding the examination;

(2)   $500 for applications postmarked after September 1 but on or before the late filing deadline of November 1; and

(3)   $1,000 for applications postmarked after November 1 but on or before the final late filing deadline of December 31.

The fees and deadlines for filing applications to take the July bar examination are as follows:

(1)   $250 for applications postmarked on or before the regular filing deadline of February 1 preceding the examination;

(2)   $500 for applications postmarked after February 1 but on or before the late filing deadline of April 1; and

(3)   $1,000 for applications postmarked after April 1 but on or before the final late filing deadline of May 31.

(c)    Applications for Reexamination.  The fees and deadlines for filing applications for reexamination at a February bar examination are as follows:

(1)   $150 for applications postmarked on or before the regular reexamination filing deadline of November 1;

(2)   $500 for applications postmarked after November 1 but on or before the final late filing deadline of December 31.

The fees and deadlines for filing applications for reexamination at a July bar examination are as follows:

(1)   $150 for applications postmarked on or before the regular reexamination filing deadline of May 1;

(2)   $500 for applications postmarked after April 1 but on or before the final late filing deadline of May 31.

(d)    Late Applications.  The Board of Admissions shall not consider requests for late filing of applications after the final bar examination filing deadlines set forth in the preceding subparagraphs (b) and (c).

(e)    Applications for Admission on Motion under Rule 705.  Each applicant for admission to the bar on motion under Rule 705 shall pay a fee of $800.

(f)    Application for Limited Admission as House Counsel. Each applicant for limited admission to the bar as house counsel under Rule 716 shall pay a fee of $400.

(g)    Application for Limited Admission as a Lawyer for Legal Service Programs. Each applicant for limited admission to the bar as a lawyer for legal service programs under Rule 717 shall pay a fee of $100.

(h)    Payment of Fees.  All fees are nonrefundable and shall be paid in advance by certified check, cashier's check or money order payable to the Board of Admissions to the Bar.  Fees of an applicant who does not appear for an examination shall not be transferred to a succeeding examination.

(i)    Fees to be Held by Treasurer.  All fees paid to the treasurer of the Board of Admissions to the Bar shall by held by him or her subject to the order of the court.

Amended January 30, 1975, effective March 1, 1975; amended October 1, 1982, effective October 1, 1982; amended June 12, 1992, effective July 1, 1992; amended July 1, 1998, effective immediately; amended July 6, 2000, effective August 1, 2000; amended December 6, 2001, effective immediately; amended February 11, 2004, effective July 1, 2004.

RULE 707       Foreign Attorneys in Isolated Cases Pro Hac Vice

Anything in these rules to the contrary notwithstanding, an attorney and counselor-at-law from any other jurisdiction in the United States, or foreign country, may in the discretion of any court of this State be permitted to participate before the court in the trial or argument of any particular cause in which, for the time being, he or she is employed.

RULE 708       Committee on Character and Fitness  

Amended effective November 15, 1971, and October 2, 1972; amended April 10, 1987, effective August 1, 1987; amended June 12, 1992, effective July 1, 1992; amended April 4, 1995, effective immediately; amended November 22, 2000, effective December 1, 2000; amended December 6, 2001, effective immediately; amended October 2, 2006, effective July 1, 2007.

RULE 709       Power to Make Rules, Conduct Investigations, and Subpoena Witnesses

        (a)    Subject to the approval of the Supreme Court, the Board of Admissions to the Bar and the Committee on Character and Fitness shall have power to make, adopt, and alter rules not inconsistent with this rule, for the proper performance of their respective functions.

(b)    The Board of Admissions to the Bar and the Committee on Character and Fitness for each judicial district are hereby respectively constituted bodies of commissioners of this Court, who are hereby empowered and charged to receive and entertain complaints, to make inquiries and investigations, and to take proof from time to time as may be necessary, concerning applications for admission to the bar, examinations given by or under the supervision of the Board of Admissions to the Bar, and the good moral character and general fitness to practice law of law student registrants and applicants for admission.  They may call to their assistance in such inquiries other members of the bar and make all necessary rules and regulations concerning the conduct of such inquiries and investigations, and take the testimony of witnesses.  The hearings before the commissioners shall be private unless any law student registrant or applicant concerned shall request that they be public.  Upon application by the commissioners, the clerk of the Supreme Court shall issue subpoenas ad testificandum, subpoenas duces tecum, or dedimus potestatem to take depositions.  Witnesses shall be sworn by a commissioner or any person authorized by law to administer oaths.  All testimony shall be taken under oath, transcribed, and transmitted to the court, if requested.  The commissioners shall report to the Supreme Court the failure or refusal of any person to attend and testify in response to a subpoena. 

RULE 710       Immunity  

Any person who communicates information concerning a law student registrant or an applicant for admission to the Illinois bar to any member of the Illinois Board of Admissions to the Bar or to any member of the Character and Fitness Committees or to the Director of Administration, administrators, staff, investigators, agents, or attorneys of the Board or such Committees shall be immune from all civil liability which, except for this rule, might result from such communication.  The grant of immunity provided by this rule shall apply only to those communications made by such persons to any member of the Illinois Board of Admissions to the Bar or to any member of the Character and Fitness Committees or to the Director of Administration, administrators, staff, investigators, agents, or attorneys of the Board or such Committees. 

Adopted April 4, 1995, effective immediately.

RULE 711       Representation by Supervised Senior Law Students or Graduates

 (a)    Eligibility.  A student in a law school approved by the American Bar Association may be certified by the dean of the school to be eligible to perform the services described in paragraph (c) of this rule, if he/she satisfies the following requirements:

(1)   He/She must have received credit for work representing at least three-fifths of the total hourly credits required for graduation from the law school.

(2)   He/She must be a student in good academic standing, and be eligible under the school's criteria to undertake the activities authorized herein.

A graduate of a law school approved by the American Bar Association who (i) has not yet had an opportunity to take the examinations provided for in Rule 704, (ii) has taken the examination provided for in Rule 704, but not yet received notification of the results of either examination, or (iii) has taken and passed both examinations provided for in Rule 704, but has not yet been sworn as a member of the Illinois bar may, if the dean of that law school has no objection, be authorized by the Administrative Director of the Illinois Courts to perform the services described in paragraph (c) of this rule.

For purposes of this rule, a law school graduate is defined as any individual not yet licensed to practice law in any jurisdiction.

(b)    Agencies Through Which Services Must Be Performed.  The services authorized by this rule may only be carried on in the course of the student's or graduate's work with one or more of the following organizations or programs:

(1)   a legal aid bureau, legal assistance program, organization, or clinic chartered by the State of Illinois or approved by a law school approved by the American Bar Association;

(2)   the office of the Public Defender; or

(3)   a law office of the State or any of its subdivisions.

(c)    Services Permitted.  Under the supervision of a member of the bar of this State, and with the written consent of the person on whose behalf he/she is acting, which shall be filed in the case and brought to the attention of the judge or presiding officer, an eligible law student or graduate may render the following services:

(1)   He/She may counsel with clients, negotiate in the settlement of claims, and engage in the preparation and drafting of legal instruments.

(2)   He/She may appear in the trial courts and administrative tribunals of this state, subject to the following qualifications:

(i)    Appearances, pleadings, motions, and other documents to be filed with the court may be prepared by the student or graduate and may be signed by him with the accompanying designation "Senior Law Student" or "Law Graduate" but must also be signed by the supervising member of the bar.

(ii)   In criminal cases, in which the penalty may be imprisonment, in proceedings challenging sentences of imprisonment, and in civil or criminal contempt proceedings, the student or graduate may participate in pretrial, trial, and post-trial proceedings as an assistant of the supervising member of the bar, who shall be present and responsible for the conduct of the proceedings.

(iii)  In all other civil and criminal cases the student or graduate may conduct all pretrial, trial, and post-trial proceedings, and the supervising member of the bar need not be present.

(3)   He/She may prepare briefs, excerpts from record, abstracts, and other documents filed in courts of review of the State, which may set forth the name of the student or graduate with the accompanying designation "Senior Law Student" or "Law Graduate" but must be filed in the name of the supervising member of the bar.

(d)    Compensation.  A student or graduate rendering services authorized by this rule shall not request or accept any compensation from the person for whom he/she renders the services, but may receive compensation from an agency described in paragraph (b) above in accordance with an approved program.

(e)    Certification and Authorization

(1)   Upon request of a student or the appropriate organization, the dean of the law school in which the student is in attendance may, if he/she finds that the student meets the requirements stated in paragraph (a) of this rule, file with the Administrative Director a certificate so stating. Upon the filing of the certificate and until it is withdrawn or terminated the student is eligible to render the services described in paragraph (c) of this rule. The Administrative Director shall authorize, upon review and approval of the completed application of an eligible student as defined in paragraph (a) and the certification as described in paragraph (e), the issuance of the temporary license. No services that are permitted under paragraph (c) shall be performed prior to the issuance of a temporary license.

(2)   Unless otherwise provided by the Administrative Director for good cause shown, or unless sooner withdrawn or terminated, the certificate shall remain in effect until the expiration of 18 months after it is filed, or until the announcement of the results of the first bar examination following the student's graduation, whichever is earlier.  The certificate of a student who passes the examination shall continue in effect until he/she is admitted to the bar.

(3)   The certificate may be withdrawn by the dean at any time, without prior notice, hearing, or showing of cause, by the mailing of a notice to that effect to the Administrative Director and copies of the notice to the student and to the agencies to which the student had been assigned.

(4)   The certificate may be terminated by this court at any time without prior notice, hearing, or showing of cause.  Notice of the termination may be filed with the Administrative Director, who shall notify the student and the agencies to which the student had been assigned.

(f)    Application by Law Graduate.  A law school graduate who wishes to be authorized to perform services described in paragraph (c) of this rule shall apply directly to the Administrative Director, with a copy to the dean of the law school from which he/she graduated. 

RULE 712       Licensing of Foreign Legal Consultants Without Examination

(a)    General Regulation.  In its discretion the supreme court may license to practice as a foreign legal consultant on foreign and international law, without examination, an applicant who:

(1)   has been admitted to practice (or has obtained the equivalent of such admission) in a foreign country, and has engaged in the practice of law of such country, and has been in good standing as an attorney or counselor at law (or the equivalent of either) in such country, for a period of not less than five of the seven years immediately preceding the date of his or her application, provided that admission as a notary or its equivalent in any foreign country shall not be deemed to be the equivalent of admission as an attorney or counselor at law;

(2)   possesses the good moral character and general fitness requisite for a member of the bar of this State;

(3)   possesses the requisite documentation evidencing compliance with the immigration laws of the United States; and

(4)   intends to practice as a legal consultant in the State of Illinois and to maintain an office therefor in the State of Illinois.

(b)    Reciprocity.  In considering whether the [sic] license an applicant under this rule, the supreme court may in its discretion take into account whether a member of the bar of the supreme court would have a reasonable and practical opportunity to establish an office for the giving of legal advice to clients in the applicant's country of admission (as referred to in paragraphs (c)(1) and (c)(5) of this rule), if there is pending with the supreme court a request to take this factor into account from a member of the bar of this court actively seeking to establish such an office in that country which raises a serious question as to the adequacy of the opportunity for such a member to establish such an office, or if the supreme court decides to do so on its own initiative.

(c)    Proof Required.  An applicant to be licensed under this rule must file with the supreme court or its designee:

(1)   a certificate from the authority in such foreign country having final jurisdiction over professional discipline, certifying as to the applicant's admission to practice and the date thereof and as to his or her good standing as such attorney or counselor at law or the equivalent, together with a duly authenticated English translation of such certificate if it is not in English;

(2)   a letter of recommendation from one of the members of the executive body of such authority, or from one of the judges of the highest law court or court of original jurisdiction of such foreign country, together with a duly authenticated English translation of such letter if it is not in English;

(3)   evidence of his or her citizenship, educational and professional qualifications, period of actual practice in such foreign country and age;

(4)   the affidavits of reputable persons as evidence of the applicant's good moral character and general fitness, substantially as required by Rule 708;

(5)   a summary of the laws and customs of such foreign country that relate to the opportunity afforded to members of the bar of the supreme court to establish offices for the giving of legal advice to clients in such foreign country; and

(6)   a completed character and fitness registration application in the form prescribed by the Board of Admissions to the Bar and and such other evidence of character, qualification and fitness as the supreme court may from time to time require and compliance with the requirements of this subsection.

(d)    Waiver.  Upon a showing that strict compliance with the provisions of paragraph (c)(1) or (c)(2) of this rule would cause the applicant hardship, the supreme court may in its discretion waive or vary the application of such provisions and permit the applicant to furnish other evidence in lieu thereof.

(e)    Right to Practice and Limitations on Scope of Practice.  A person licensed as a foreign legal consultant under this rule may render legal services and give professional advice within the State only on the law of the foreign country where the foreign legal consultant is admitted to practice.  A foreign legal consultant in giving such advice shall not quote from or summarize advice concerning the law of this State (or of any other jurisdiction) which has been rendered by an attorney at law duly licensed under the law of the State of Illinois (or of any other jurisdiction, domestic or foreign).  A licensed foreign legal consultant shall not:

(1)   appear for a person other than himself or herself as attorney in any court, or before any judicial officer, or before any administrative agency, in this State (other than upon admission in isolated cases pursuant to Rule 707) or prepare pleadings or any other papers or issue subpoenas in any action or proceeding brought in any such court or before any such judicial officer, or before any such administrative agency;

(2)   prepare any deed, mortgage, assignment, discharge, lease or any other instrument affecting real estate located in the United States of America;

(3)   prepare any will, codicil or trust instrument affecting the disposition after death of any property located in the United States of America and owned by a citizen thereof;

(4)   prepare any instrument relating to the administration of decedent's estate in the United States of America;

(5)   prepare any instrument or other paper which relates to the marital relations, rights or duties of a resident of the United States of America or the custody or care of the children of such a resident;

(6)   render professional legal advice with respect to a personal injury occurring within the United States;

(7)   render professional legal advice with respect to United States immigration laws, United States customs laws or United States trade laws;

(8)   render professional legal advice on or under the law of the State of Illinois or of the United States or of any state, territory or possession thereof or of the District of Columbia or of any other jurisdiction (domestic or foreign) in which such person is not authorized to practice law (whether rendered incident to the preparation of legal instruments or otherwise);

(9)   directly, or through a representative, propose, recommend or solicit employment of himself or herself, his or her partner, or his or her associate for pecuniary gain or other benefit with respect to any matter not within the scope of practice authorized by this rule;

(10) use any title other than `foreign legal consultant' and affirmatively state in conjunction therewith the name of the foreign country in which he or she is admitted to practice (although he or she may additionally identify the name of the foreign or domestic firm with which he or she is associated); or

(11) in any way hold himself or herself out as an attorney licensed in Illinois or as an attorney licensed in any United States jurisdiction.

(f)    Disciplinary Provisions.  Every person licensed to practice as a foreign legal consultant under this rule shall execute and file with the Illinois Attorney Registration and Disciplinary Commission, in such form and manner as the supreme court may prescribe:

(1)   the foreign legal consultant's written commitment to observe the Rules of Professional Conduct, as adopted by the Illinois Supreme Court and as it may be amended from time to time, to the extent applicable to the legal services authorized by subparagraph (e) of this rule;

(2)   a duly acknowledged instrument, in writing, setting forth the foreign legal consultant's address in this State and designating the clerk of the supreme court as the foreign legal consultant's agent upon whom process may be served, with like effect as if served personally upon the foreign legal consultant, in any action or proceeding thereafter brought against the foreign legal consultant and arising out of or based upon any legal services rendered or offered to be rendered by the foreign legal consultant within or to residents of this State, whenever after due diligence service cannot be made upon the foreign legal consultant at such address or at such new address in this State as he or she shall have filed in the office of the clerk of the supreme court by means of a duly acknowledged supplemental instrument in writing; and

(3)   appropriate evidence of professional liability insurance or other proof of financial responsibility, in such form and amount as the supreme court may prescribe, to assure his or her proper professional conduct and responsibility.

(g)    Service of Process.  Service of process on the clerk of the supreme court, pursuant to the designation filed as required by Rule 712(f)(2) above, shall be made by personally delivering to and leaving with such clerk, or with a deputy or assistant authorized by the foreign legal consultant to receive such service, at his or her office, duplicate copies of such process together with a fee of $10.  Service of process shall be complete when such clerk has been so served.  Such clerk shall promptly send one of such copies to the foreign legal consultant to whom the process is directed, by certified mail, return receipt requested, addressed to such foreign legal consultant at his or her address specified by the foreign legal consultant as aforesaid.

(h)   Separate Authority.  This rule shall not be deemed to limit or otherwise affect the provisions of Rule 704.

(i)    Unauthorized Practice of Law.  Any person who is licensed under the provisions of this rule shall not be deemed to have a license to perform legal services prohibited by Rule 712(e) hereof.  Any person licensed hereunder who violates the provisions of Rule 712(e) is engaged in the unauthorized practice of law and may be held in contempt of the court.  Such person may also be subject to disciplinary proceedings pursuant to Rule 775 and the penalties imposed by section 32‑5 of the Criminal Code of 1961, as amended, and section 1 of "An Act to revise the law in relation to attorneys and counselors," approved March 28, 1874  the Attorney Act (705 ILCS 205/1).

Adopted, Dec. 7, 1990, effective immediately; amended December 6, 2001, effective immediately; amended May 30, 2008, effective immediately..

RULE 713       Applications for Licensing of Foreign Legal Consultants  

(a)    Referral to Committee on Character and Fitness