Anaya Nolan
In the state of Illinois, lawyers can apply for inactive status if they want to pause their active practice without disciplinary action. This status allows them to avoid annual fees and no longer requires them to be eligible to practice law. In 1993, this was done through a voluntary administrative process, while court-ordered inactive status indicated disciplinary review or sanctions. There are also provisions for disability inactive status, retirement status, and permanent retirement status.
| Characteristics | Values |
|---|---|
| Court-ordered inactive status | A lawyer's license is suspended or restricted by court directive |
| Voluntary inactive status | Does not require a court order, allows lawyers to pause active practice without discipline |
| Disability inactive status | If an attorney is incapacitated from continuing to practice law due to a mental or physical condition |
| Retirement status | An attorney who is granted retirement status may not change their registration designation to active or inactive status |
| Permanent retirement status | An attorney who is granted permanent retirement status may not change their registration designation to active or inactive status, petition for reinstatement, or provide pro bono services |
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What You'll Learn
Voluntary inactivation
In Illinois, lawyers have the option to voluntarily inactivate their licenses without facing any disciplinary action. This option is particularly useful for lawyers who want to take a break from active practice without incurring any penalties. This process, which is separate from "court-ordered inactive status", typically does not require a court order.
In 1993, voluntary inactivation was generally an administrative process, and lawyers who wanted to transition to inactive status had to file a petition with the Illinois Supreme Court. However, the process has evolved, and now, Rule 756(a)(5) allows attorneys to advise the Administrator of the Attorney Registration and Disciplinary Commission (ARDC) in writing of their desire to assume "inactive status". After registering as inactive, attorneys are no longer eligible to practice law or present themselves as authorised to do so in Illinois. There is, however, an exception for providing voluntary pro bono legal services.
Attorneys who change their minds and wish to return to practising law can do so by advising the Administrator in writing and registering as an active attorney. This process requires payment of the registration fee for active attorneys and the submission of verification from the Director of MCLE confirming compliance with MCLE requirements.
It is important to note that there are different statuses for attorneys who are contemplating leaving the active practice of law, including "inactive status," "disability inactive status," "retirement status," and "permanent retirement status." Each status has its own set of rules and requirements, as outlined in the Illinois Supreme Court Rules. For example, an attorney who is granted permanent retirement status cannot change their registration designation back to active or inactive status or provide pro bono services.
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Court-ordered inactive status
In Illinois, 'court-ordered inactive status' typically means a lawyer's license to practice law has been suspended or restricted by a court directive. This is usually a formal disciplinary review or sanction. In contrast, voluntary inactivation does not require a court order and allows lawyers to pause their active practice without discipline.
In Illinois, there are four alternative statuses to registering for the 'active' practice of law: 'inactive status', 'disability inactive status', 'retirement status', and 'permanent retirement status'. These statuses are outlined in the Illinois Supreme Court Rules.
To assume 'inactive status', an attorney must advise the Administrator of the ARDC (Attorney Registration and Disciplinary Commission) in writing that they wish to do so. After registering as 'inactive', an attorney is no longer eligible to practice law or present themselves as authorized to do so in Illinois. An exception to this rule is that an attorney may provide voluntary pro bono legal services. An attorney on 'inactive status' who wishes to resume practicing law may advise the Administrator in writing and register as an active attorney.
'Disability inactive status' is outlined in Rule 757. If an attorney is judicially declared to have a mental condition that constitutes a legal disability, is in need of mental treatment, or has been involuntarily committed to a hospital for these reasons, the court will enter an order transferring the attorney to 'disability inactive status'. This status is maintained until further order from the court. Rule 758 outlines that if the ARDC Inquiry Board believes an attorney is incapacitated from practicing law due to mental infirmity, mental disorder, or addiction to drugs or intoxicants, the Administrator shall file a petition requesting a hearing to determine whether the attorney should be transferred to 'disability inactive status' or allowed to continue practicing law with conditions imposed by the court.
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Disability inactive status
In Illinois, there are four alternative statuses to registering for the 'active' practice of law: "inactive status", "disability inactive status", "retirement status", and "permanent retirement status".
"Disability inactive status" is governed by Rules 757 and 758. This status is not voluntarily chosen by a practising attorney. Under Rule 757, if an attorney is judicially declared to have a mental condition or is in need of mental treatment, or has been involuntarily committed to a hospital on these grounds, the court will enter an order transferring the attorney to "disability inactive status". This status is maintained until the court makes another order.
Similarly, under Rule 758, if the ARDC (Attorney Registration and Disciplinary Commission) Inquiry Board believes that an attorney is incapacitated from continuing to practice law due to mental infirmity, mental disorder, or addiction to drugs or intoxicants, the Administrator must file a petition with the ARDC Hearing Board. The Hearing Board will then determine whether the attorney should be transferred to "disability inactive status" or allowed to continue practising law with certain conditions imposed by the court. If the court decides that the attorney is incapacitated, it will enter an order to transfer the attorney to "disability inactive status" until further notice from the court. Attorneys on "disability inactive status" are not required to pay an annual fee.
Voluntary Inactive Status
Voluntarily inactivating a law license in Illinois does not require a court order. In 1993, it was an administrative process. Michelle Obama voluntarily surrendered her law license in Illinois by filing a petition with the Illinois Supreme Court.
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Retirement status
In the state of Illinois, there are four alternative statuses to registering for the 'active' practice of law: "inactive status", "disability inactive status", "retirement status", and "permanent retirement status".
To assume retirement status, an attorney must submit a petition for retirement status to the Administrator of the Attorney Registration and Disciplinary Commission (ARDC). This petition must be accompanied by a written statement from the Administrator consenting to permanent retirement status. The Administrator may consent if none of the prohibitions listed in Rule 756(a)(8)(B) apply. If the petition is not accompanied by this consent, it will be denied.
Attorneys who are granted retirement status are no longer required to pay the full annual registration fee. If they wish to return to active practice, they can advise the Administrator in writing and register as an active attorney. However, they must pay the full registration fee for active attorneys and submit verification that they have complied with MCLE requirements.
It is important to note that an attorney who is granted permanent retirement status may not change their registration designation back to active or inactive status, petition for reinstatement, or provide pro bono services.
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Permanent retirement status
In Illinois, there are four alternative statuses to registering for the 'active' practice of law: "inactive status", "disability inactive status", "retirement status", and "permanent retirement status".
An attorney who is granted permanent retirement status may not change their registration designation to active or inactive status, petition for reinstatement, or provide pro bono services. To petition for permanent retirement status, a written statement from the Administrator consenting to permanent retirement status must be submitted. The Administrator may consent if no prohibitions listed in Rule 756(a)(8)(B) exist. If the petition is not accompanied by consent from the Administrator, it will be denied. Attorneys will not be permitted to assume permanent retirement status if there is a pending investigation or proceeding against them, or if they retain an active license to practice law in any jurisdiction other than the State of Illinois.
Inactive Status
Attorneys may request to be registered as "inactive" by advising the Administrator of the Attorney Registration and Disciplinary Commission (ARDC) in writing. After registering as inactive, attorneys are no longer eligible to practice law or present themselves as authorized to do so in Illinois. However, they may provide voluntary pro bono legal services. If an attorney registered as inactive wishes to resume practising law, they must advise the Administrator in writing and register as an active attorney by paying the registration fee and submitting verification from the Director of MCLE that they have complied with MCLE requirements.
Disability Inactive Status
Under Rule 757, if an attorney is judicially declared to have a legal disability, is in need of mental treatment, or has been involuntarily committed to a hospital for the aforementioned reasons, the court shall enter an order transferring the attorney to disability inactive status. Under Rule 758, if the ARDC Inquiry Board believes that an attorney is incapacitated from continuing to practice law due to mental infirmity, mental disorder, or addiction to drugs or intoxicants, the Administrator shall file a petition with the ARDC Hearing Board requesting a hearing to determine whether the attorney should be transferred to disability inactive status or allowed to continue practising law with conditions imposed by the court.
Court-Ordered Inactive Status
In Illinois, 'court-ordered inactive status' typically means a lawyer’s license is suspended or restricted by court directive. Voluntary inactivation usually does not require a court order and allows lawyers to pause active practice without discipline.
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Frequently asked questions
Yes, Illinois recognizes "inactive status" for law licenses.
"Inactive status" means that an attorney is no longer eligible to practice law or hold themselves out as being authorized to practice law in Illinois. However, they may still provide voluntary pro bono legal services.
Under Rule 756(a)(5), an attorney must advise the Administrator of the ARDC (Attorney Registration and Disciplinary Commission) in writing that they wish to assume "inactive status".
Yes, an attorney on "inactive status" who wishes to resume practicing law may advise the Administrator in writing and register as an active attorney after paying the registration fee and submitting verification of compliance with MCLE requirements.
Yes, in addition to "inactive status", Illinois recognizes disability inactive status, retirement status, and permanent retirement status.
