Gavin Howe
There have been several claims on social media that former US President Barack Obama and former First Lady Michelle Obama surrendered their law licenses to avoid disciplinary action. However, these claims are false. Both Barack and Michelle Obama are not authorized to practice law in Illinois, but that is because they elected to assume retired and inactive status, respectively. Both could return to active status and practice law if they desired.
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Barack Obama's law license status
Barack Obama is no longer a practising lawyer. He was admitted to the Illinois State Bar Association on 17 December 1991, but he is no longer authorised to practise law. His Illinois registration status is listed as "retired" and "not authorised to practise law or provide pro bono services".
Obama chose to have his law license placed on "voluntarily inactive" status in February 2007, after announcing his candidacy for the presidency. He then opted to change his status to "voluntarily retired" after becoming president. Obama was never the subject of any public disciplinary proceedings, and he could return to practising law if he decided to do so.
There are false claims on social media that Obama surrendered his license to practise law to escape charges of lying on his bar application. However, this is not true. Obama's license status changed because he did not need an active law license for his work as president.
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Michelle Obama's law license status
Michelle Obama graduated from Harvard Law School in 1988 and was admitted as a lawyer by the Supreme Court of Illinois on May 12, 1989. She joined Sidley Austin, a corporate law firm in Chicago, after graduating. In 1994, while working for the Public Allies project in Chicago, Obama voluntarily had her license placed on "inactive" status.
Michelle Obama is currently listed as "voluntarily inactive and not authorized to practice law." This means she still holds a valid law license but is not currently engaged in any professional activities that require it to be active. She could return to active status and practice law if she desired.
Contrary to a false internet rumor, Michelle Obama did not "surrender" her law license to avoid ethics charges. There is no public record of discipline or pending proceedings against her, and no public disciplinary proceeding has ever been brought against her.
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The process of changing law license status in Illinois
In Illinois, a lawyer can choose to change their law license status from active to inactive or retired. This process is straightforward and does not require disciplinary action or pending proceedings.
To initiate the process, a lawyer must file a motion with the Illinois Supreme Court requesting a transfer to inactive or retired status. This can be done voluntarily, as in the case of the Obamas, or due to an incapacitating condition. According to the ARDC, it is fairly common for lawyers who do not intend to continue practising law to go on inactive status.
Once the court grants the request, the lawyer's status on the Attorney Registration and Disciplinary Commission (IARDC) website will be updated. In the case of the Obamas, Barack Obama is listed as "voluntarily retired and not authorized to practise law," while Michelle Obama is listed as "voluntarily inactive and not authorized to practise law."
It is important to note that changing the registration status does not prevent the ARDC from bringing a case against a lawyer if necessary. Additionally, a lawyer who has assumed inactive or retired status can choose to return to active status and practise law again if they desire. In the case of Michelle Obama, she would need to file a motion with the Illinois Supreme Court requesting a transfer back to active status and pay the registration fee for the year she requests to return.
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The Obamas' law careers
Former US President Barack Obama and former First Lady Michelle Obama are both lawyers by profession. Barack Obama graduated from Harvard Law School in 1991 and was admitted to the Illinois State Bar Association on 17 December 1991. He worked as a civil rights attorney and taught constitutional law at the University of Chicago Law School from 1992 to 2004. He was a senior lecturer, though he referred to himself as a "constitutional law professor" during his 2008 presidential campaign.
Obama's career in law was followed by a career in politics, beginning in 1997 when he became a member of the Illinois Senate. He was elected to represent the 13th district in the Illinois Senate in 1996 and held this position until 2004 when he successfully ran for a seat in the US Senate. He served as a US senator representing Illinois from 2005 to 2008, before becoming the 44th President of the United States in 2009.
Obama's law license is currently listed as "voluntarily retired", and he is "not authorized to practice law or provide pro bono services". However, according to the Illinois ARDC, he could return to "active status" and practise law if he desired.
Michelle Obama, the first African-American First Lady, graduated from Harvard Law School in 1988 and was admitted to the bar in 1989. She worked as a junior associate at the Chicago law firm Sidley & Austin (now Sidley Austin LLP), where she specialised in intellectual property law. In 1989, while at the firm, she met Barack Obama, who had been hired as a summer associate. Seeking a more public-service-oriented career path, she left the firm in 1991 to become an assistant to Chicago Mayor Richard M. Daley. She held several positions in Chicago city government in the 1990s, including assistant commissioner for the Chicago Department of Planning and Development from 1992 to 1993. From 1996 until she became First Lady in 2009, she worked as an associate dean and in several executive roles at the University of Chicago.
Michelle Obama's law license is currently listed as "voluntarily inactive" and she is "not authorized to practice law". Similar to her husband, she could return her license to "active status" if she wished.
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The impact of the presidency on law license status
The Obamas' decision to change their law license statuses was not due to any disciplinary actions or pending charges, contrary to false rumors circulating on social media and Facebook. There is no record of any disciplinary proceedings or ethical violations against the Obamas, and they remain in good standing with the Illinois Bar Association. The Illinois ARDC confirmed that neither Barack nor Michelle Obama has ever been the subject of attorney disciplinary proceedings in the state.
The change in license status for the Obamas is a common practice for lawyers who do not intend to actively practice law. It is worth noting that being on inactive status does not preclude a lawyer from facing disciplinary action if necessary. The decision to change status may also be influenced by financial considerations, as maintaining an active law license incurs costs such as registration fees and Continuing Legal Education classes.
While the presidency may have influenced Barack Obama's decision to change his law license status to retired, it is important to note that he voluntarily made this choice. Similarly, Michelle Obama's decision to maintain her license on inactive status may be due to her not actively practicing law. Both Barack and Michelle Obama could reactivate their licenses and practice law if they desired.
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Frequently asked questions
No, this is a false claim that has been circulating on social media since 2012. Obama elected to have his license placed on inactive status after he announced his candidacy for president in 2007 and changed it to retired after becoming president in early 2009.
Yes, although Obama is currently listed as "Retired - not authorized to practice law or provide pro bono services", he could return to active status and practice law if he desired.
No, this is also a false claim. Michelle Obama is listed as "voluntarily inactive and not authorized to practice law" and could ask the court for restoration to active status if she wanted to practice law again.
