FAQs for Complainants and Witnesses
ARDC Hearings and Appeals in Formal Disciplinary Cases
The ARDC holds hearings to decide whether an attorney committed professional misconduct, is incapable of practicing law, or should be reinstated to the practice of law.
Hearings are held in the ARDC's Chicago office, located at 130 E. Randolph Drive, Suite 1500, and Springfield office, located at 3161 West White Oaks Drive, Suite 301. Some hearings are also conducted via videoconference.
The hearing schedule is posted on the ARDC's website here.
Most hearings are open to the public, but some are confidential.
The Hearing Board Panel, which is made up of two attorneys and one non-attorney, one or sometimes two ARDC staff attorneys, the respondent lawyer, the respondent lawyer's Counsel should they have one, a court reporter, and any witnesses. Spectators may also be present at public hearings.
No. Recordings are not allowed.
Each side presents their case with evidence, witnesses, and opening and closing statements. After the hearing, the Hearing Panel will decide if the attorney committed misconduct and, if so, what should happen next. The decision will be in writing in a document called a Report and Recommendation.
It explains what happened at the hearing and what, if any, sanction the attorney should receive.
Yes, in most cases. Public Reports and Recommendations will be on the ARDC's website.
Not usually. The ARDC or the respondent lawyer can appeal to the ARDC's Review Board and then to the Illinois Supreme Court. In almost all cases, the Illinois Supreme Court will make the final decision.
If the ARDC or the respondent lawyer requests it, the Review Board will review the Hearing Board's Report and Recommendation before it goes to the Illinois Supreme Court. The Review Board reviews briefs filed by the ARDC and the respondent lawyer, listens to both sides at a scheduled proceeding and then issues its own written Report and Recommendation.
No. The Illinois Supreme Court will consider the Hearing and Review Board reports and make a final decision in the case.
FAQs for Individuals who will Testify at an ARDC Hearing
The ARDC or the lawyer being charged will tell you.
Not usually. You're just sharing what you know. However, you can bring an attorney if you wish.
Dress professionally or business casual.
Yes. They can sit in the spectator section and watch but must be quiet.
In most cases, after you have completed your testimony, you can watch the rest of the hearing.
Other witnesses may testify, more evidence will be presented and the hearing will be concluded.
No. The Hearing Panel will need time to write its decision.
No. Only the ARDC or the respondent lawyer can appeal.
After the Illinois Supreme Court makes a final decision.
If the Hearing Panel finds that the lawyer did not violate the ethics rules, there will be no sanction. If the Panel finds that the lawyer did violate one or more rules, it can recommend that the lawyer be sanctioned by: (1) a reprimand or censure, (2) suspension of the attorney's license to practice law, or (3) disbarment.
Yes, if you were a client and testified at the hearing.
In some cases, the lawyer may be required to pay you back as part of a sanction. Under some circumstances, you might also qualify for restitution through the ARDC's Client Protection Program.