Gavin Howe
The Attorney Registration and Disciplinary Commission (ARDC) is an entity that operates under the authority of the Illinois Supreme Court and has done so since 1973. The ARDC is responsible for the registration and discipline of lawyers in Illinois and investigates allegations of the unauthorized practice of law (UPL). The types of discipline imposed by the ARDC include disbarment, suspension for a specified period, suspension until further order of the court, probation, censure, and reprimand. The ARDC can initiate UPL proceedings against suspended and disbarred Illinois lawyers, out-of-state lawyers licensed in other jurisdictions, and persons not licensed in any jurisdiction. Therefore, the ARDC can force law licenses into suspension.
| Characteristics | Values |
|---|---|
| Organization | Attorney Registration and Disciplinary Commission (ARDC) |
| Location | Illinois |
| Function | Regulate the admission and discipline of lawyers |
| Authority | Illinois Supreme Court |
| Types of discipline | Disbarment, suspension, probation, censure, reprimand |
| UPL proceedings | Filed and conducted before the Hearing Board |
| UPL targets | Suspended Illinois lawyers, out-of-state lawyers, unlicensed persons |
| Maximum award amount | $100,000 per claim, $1,000,000 per attorney |
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What You'll Learn
The ARDC's authority to suspend law licenses
The Attorney Registration and Disciplinary Commission (ARDC) operates under the authority of the Illinois Supreme Court, which has the sole authority to regulate the admission and discipline of lawyers in Illinois. The ARDC has been delegated administrative responsibility for the registration and discipline of Illinois lawyers by the Illinois Supreme Court since 1973.
The ARDC is overseen by a seven-member Commission, which is appointed by the Court. Four members of the Commission are members of the Illinois bar, and the remaining three are non-lawyers, or "public members". The Commission acts as a board of directors for the disciplinary agency, setting general policies and overseeing their implementation. However, it does not play a role in deciding cases before the ARDC.
The ARDC has the authority to investigate allegations of the unauthorized practice of law (UPL) and may initiate UPL proceedings against suspended and disbarred Illinois lawyers, out-of-state lawyers licensed in other jurisdictions, and persons not licensed in any jurisdiction. The types of discipline that may be imposed include disbarment, suspension for a specified period, suspension until further order of the court, probation in conjunction with either type of suspension, censure, and reprimand.
A reprimand may be administered by the Hearing Board, the Review Board, or the Supreme Court. All other forms of discipline, including suspension, may be ordered only by the Supreme Court.
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Types of discipline imposed by the ARDC
The Attorney Registration and Disciplinary Commission (ARDC) is responsible for investigating complaints and allegations of illegal, unethical, and dishonest conduct by lawyers in Illinois. The ARDC operates under the authority of the Illinois Supreme Court, which has the sole authority to impose disciplinary sanctions and regulate the admission and discipline of lawyers in the state. The types of discipline that may be imposed by the ARDC include:
- Disbarment: This is the most severe form of discipline, where a lawyer's license to practice law is revoked indefinitely.
- Suspension for a specified period: The lawyer's license to practice law is suspended for a set period of time, after which they may resume practice unless there is a further order to the contrary.
- Suspension until further order of the court: In this case, the lawyer is suspended until the expiration of the suspension period and must establish their fitness during a reinstatement proceeding before resuming practice.
- Probation: This can be imposed in conjunction with either type of suspension, and the lawyer is placed on a probationary period instead of having their license suspended.
- Censure: This is a public rebuke of the lawyer's conduct, ordered by the Supreme Court.
- Reprimand: This is similar to a censure but may be administered by the Hearing Board, the Review Board, or the Supreme Court.
It is important to note that all forms of discipline, except for reprimands, may only be ordered by the Supreme Court. The ARDC's primary role is to investigate complaints, bring formal disciplinary charges if warranted, and make recommendations to the Supreme Court regarding disciplinary sanctions. The ARDC also has a Client Protection Program that reimburses claimants for certain losses suffered due to a lawyer's misconduct or death.
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The ARDC's Client Protection Program
The Attorney Registration and Disciplinary Commission (ARDC) operates under the authority of the Illinois Supreme Court, which has the sole authority to regulate the admission and discipline of lawyers in Illinois. The ARDC's Client Protection Program reimburses claimants for certain losses suffered in the course of an attorney-client relationship with a lawyer who has been disciplined or deceased.
The Client Protection Program Trust Fund, supported by registration fees paid by Illinois attorneys, pays out awards of up to $100,000 per claim and $1,000,000 per attorney. Lawyers who have been suspended or placed on probation are required to reimburse the Fund for awards paid due to their conduct. The ARDC investigates allegations of the unauthorized practice of law (UPL) and may initiate UPL proceedings against suspended and disbarred Illinois lawyers, out-of-state lawyers licensed in other jurisdictions, and persons not licensed in any jurisdiction.
The types of discipline imposed can include disbarment, suspension for a specified period, suspension until further order of the court, probation, censure, and reprimand. The ARDC Review Board may recommend suspension for MCLE noncompliance, as in the case of an Illinois attorney who failed to complete his MCLE certification and was stricken from the master roll of attorneys. This resulted in a 30-day suspension, during which time he practiced law without authorization.
The ARDC's authority to force law licenses into suspension is derived from the Illinois Supreme Court's delegation of administrative responsibility for lawyer registration and discipline in the state. The ARDC investigates and prosecutes disciplinary cases, while the Illinois Supreme Court has the sole authority to impose suspensions and other forms of discipline on lawyers.
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The ARDC's Review Board
The Attorney Registration and Disciplinary Commission (ARDC) operates under the authority of the Illinois Supreme Court, which has the sole authority to regulate the admission and discipline of lawyers in Illinois. The ARDC is overseen by a seven-member Commission, appointed by the Court, which acts as a board of directors for the agency. The Commission is made up of four members of the Illinois bar and three non-lawyer "public members".
The types of discipline imposed by the ARDC include disbarment, suspension for a specified period or until further order of the court, probation, censure, and reprimand. The Review Board is authorised to administer reprimands, while the Supreme Court must order all other forms of discipline. The ARDC also investigates allegations of the unauthorized practice of law (UPL) and initiates UPL proceedings against suspended and disbarred Illinois lawyers, out-of-state lawyers, and unlicensed persons.
The ARDC's Client Protection Program is another vital component of its work. It reimburses claimants for certain losses incurred in their attorney-client relationships, providing financial protection for clients. Awards of up to $100,000 per claim and $1,000,000 per attorney are paid out of the Client Protection Program Trust Fund, financed by Illinois attorney registration fees.
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The ARDC's role in investigating UPL
The ARDC, or the Attorney Registration and Disciplinary Commission, is the disciplinary body for Illinois-licensed attorneys. The ARDC investigates allegations of the unauthorized practice of law (UPL) and may initiate UPL proceedings against Illinois lawyers, out-of-state lawyers, and persons not licensed in any jurisdiction. The ARDC is empowered by the Illinois Supreme Court to investigate and prosecute UPL allegations, filling a gap in the state's legal system.
The Commission is composed of seven members, four of whom must be members of the Illinois bar, and the remaining three are non-lawyers or "public members." The Commission sets general policies and oversees their implementation but does not decide on cases before the ARDC. The Commission appoints an Administrator, who serves as the principal executive officer and makes decisions regarding the allocation of resources to investigations, including closing investigations involving less serious allegations to pursue more serious ones.
The ARDC's investigations into UPL can lead to disciplinary proceedings, which are governed by rules set by the Illinois Supreme Court. These proceedings can be filed before the Hearing Board or in the circuit court, depending on the entity involved. The ARDC's ability to initiate and conduct these proceedings ensures that those who engage in the unauthorized practice of law are held accountable and that the public is protected from any potential harm.
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Frequently asked questions
The Attorney Registration and Disciplinary Commission (ARDC) operates under the authority of the Illinois Supreme Court, which has sole authority to regulate the admission and discipline of lawyers in Illinois.
Yes, the ARDC can force law licenses into suspension. The ARDC investigates allegations of the unauthorized practice of law (UPL) and may initiate UPL proceedings against suspended and disbarred Illinois lawyers, out-of-state lawyers licensed in other jurisdictions, and persons not licensed in any jurisdiction.
The types of discipline imposed by the ARDC include disbarment, suspension for a specified period, suspension until further order of the court, probation in conjunction with either type of suspension, censure, and reprimand.
The Hearing Board found that the attorney violated Rule 5.5(a) and engaged in the unauthorized practice of law. The Review Board affirmed that finding.
