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May 1, 2023
Learn more about Illinois lawyers and the regulation of the legal profession in 2022.
Prohibiting Board Members from Providing Expert or Opinion Testimony
No Board member shall provide, in any proceeding, expert or opinion testimony with respect to the appropriate standard of care or conduct expected of an attorney in representing a client. Amended December 9, 2022, effective July 1, 2023. To view full amended policy, click here.
The Search for ARDC’s Administrator/Principal Executive Officer Has Begun
March 20, 2023
The Attorney Registration and Disciplinary Commission has begun a search for the agency’s Administrator/Principal Executive Officer. For detailed information about the position, responsibilities, and how to apply for the position, click here.
Administrative Order Regarding Disciplinary Proceedings
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.