Anaya Nolan
There have been several claims on social media that former US President Barack Obama and his wife Michelle Obama surrendered their law licenses to escape misconduct proceedings. However, these claims are false. The Attorney Registration and Disciplinary Commission of Illinois confirms that there have never been any disciplinary actions against the former president or his wife. The Obamas are not currently authorized to practice law in Illinois, but that is because Barack Obama elected to assume retired status and Michelle Obama elected to assume inactive status.
| Characteristics | Values |
|---|---|
| Reason for giving up law licenses | To avoid disciplinary actions or criminal prosecution |
| Truth | False |
| Reason for false claim | To avoid an annual fee of $289 (now $342) and to not take classes to satisfy the state's Minimum Continuing Legal Education requirement |
| Status of Barack Obama's license | Voluntarily retired |
| Status of Michelle Obama's license | Voluntarily inactive |
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What You'll Learn
The Obamas' law license status
There have been many false claims on social media that former US President Barack Obama and former First Lady Michelle Obama surrendered their law licenses to escape disciplinary proceedings or malpractice charges. These claims are false. Neither Barack nor Michelle Obama has ever been the subject of attorney disciplinary proceedings in Illinois, according to the Illinois Attorney Registration and Disciplinary Commission (IARDC).
Barack Obama is listed as "voluntarily retired and not authorized to practice law", a status that removes the obligation to complete an annual registration process and pay accompanying fees. He could return to active status and practice law if he desired.
Michelle Obama is listed as "voluntarily inactive and not authorized to practice law". She is on "voluntarily inactive" status, which 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 also return to active status if she wanted to.
The Obamas haven't publicly stated what prompted them to change the status of their licenses. However, a spokesperson for the Illinois ARDC said it was fairly common for lawyers who didn't intend to continue practising law to go on inactive status.
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Reasons for status change
Several online sources claim that Barack and Michelle Obama surrendered their law licenses to avoid disciplinary actions or criminal prosecution. These sources allege that Barack Obama surrendered his license in 2008 to escape charges of lying on his bar application, while Michelle Obama voluntarily gave up her license in 1993 to avoid a trial for insurance fraud.
However, these claims have been repeatedly fact-checked and proven false. The Attorney Registration and Disciplinary Commission of Illinois confirms that neither Barack nor Michelle Obama has ever faced any disciplinary actions. The Obamas are not currently authorized to practice law in Illinois, but this is because they chose to change their registration status. Barack Obama elected to assume retired status, while Michelle Obama requested to be placed on inactive status.
Lawyers who voluntarily change their registration status to inactive or retired are no longer allowed to practice law based on their Illinois license, but they can return to active status if they choose to do so. By choosing inactive or retired status, lawyers can avoid the requirement to complete annual registration, pay fees, and take continuing education classes.
The Obamas have not publicly stated their reasons for changing the status of their law licenses. However, a spokesperson for the Illinois ARDC noted that it is fairly common for lawyers who do not intend to continue practising law to go on inactive status.
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Misinformation about disciplinary proceedings
Several online sources, including Facebook posts, have circulated misinformation alleging that Barack and Michelle Obama surrendered their law licenses to escape disciplinary proceedings or criminal prosecution. These claims first surfaced during the 2008 US presidential election and have been repeatedly fact-checked and debunked by organizations such as Snopes, FactCheck.org, PolitiFact, and Reuters.
Contrary to these false assertions, the Illinois Attorney Registration and Disciplinary Commission (IARDC) confirms that neither Barack nor Michelle Obama has ever faced disciplinary actions or charges in Illinois. The IARDC's website indicates that Barack Obama is "voluntarily retired" and not authorized to practice law, while Michelle Obama is listed as "voluntarily inactive" and not authorized to practice. These statuses do not imply any disciplinary issues but rather reflect the Obamas' choices to step away from active law practice.
The specific allegations claiming that Barack Obama surrendered his license to escape charges of lying on his bar application and that Michelle Obama avoided insurance fraud charges by surrendering her license are baseless. The Obamas have not publicly disclosed the reasons for changing their license statuses, but a spokesperson for the Illinois ARDC clarified that lawyers who voluntarily change their registration status to inactive or retired are no longer authorized to practice law based on their Illinois licenses.
The spread of misinformation about the Obamas' law licenses may be attributed to various factors, including misinterpretations of their license status changes and the circulation of false rumors without evidence. It is important for individuals to verify information from credible sources before accepting or spreading such claims.
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Requirements for active status
Several online sources claim that Barack and Michelle Obama surrendered their law licenses to escape misconduct proceedings or disciplinary action. However, these claims are false. The Illinois Attorney Registration and Disciplinary Commission (IARDC) reports that neither Barack nor Michelle Obama has ever been the subject of attorney disciplinary proceedings in Illinois. The Obamas are not currently authorized to practice law in Illinois, but this is because Barack Obama elected to assume retired status, and Michelle Obama elected to assume inactive status.
To maintain an active license to practice law, lawyers must typically fulfill certain requirements. In the United States, the legal profession is regulated by jurisdiction, with 57 different sets of rules governing the right to practice law. Most states require lawyers to possess a law degree and a state license, which usually entails passing a bar examination. After bar admission, lawyers must stay informed about legal developments that affect their practice, and some states mandate continuing legal education to maintain licensure.
To qualify to take the bar exam and practice law in the United States, internationally educated lawyers must verify that they meet the minimum legal education requirements, pass the bar exam in the jurisdiction where they will be working, and demonstrate strong moral character and fitness to serve as legal counsel. Most jurisdictions require applicants for bar admission to pass examinations testing legal knowledge and problem-solving abilities, and as of January 2023, 41 states, the District of Columbia, and the U.S. Virgin Islands require applicants to pass the Uniform Bar Examination (UBE). Applicants must also complete a detailed questionnaire addressing their background and any disclosures regarding criminal activity, substance abuse, or mental illness. Committees of investigators convened by state courts or state bar associations review and investigate the information provided.
Some states offer reciprocity agreements that streamline the process for lawyers licensed in one state to obtain a license in another. In some jurisdictions, foreign lawyers may apply for a license as a foreign law consultant. To be competitive on the bar exam, it is recommended that internationally educated lawyers complete the degree requirements for a Juris Doctor (JD) or Master of Laws (LLM) from an ABA-accredited law school and supplement their studies with a commercial bar preparation course.
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The process of changing status
There have been several false claims on Facebook and other social media platforms that former US President Barack Obama and former First Lady Michelle Obama surrendered their law licenses to escape disciplinary proceedings or malpractice charges. These claims have been fact-checked and debunked by organizations like Reuters, Snopes, and FactCheck.org.
The truth is that the Obamas voluntarily changed the status of their law licenses to “retired” and "inactive," respectively. This means that they are not currently authorized to practice law in Illinois, but they have not surrendered their licenses entirely. According to sources, this status change is fairly common for lawyers who do not intend to continue practising law. By choosing this status, the Obamas are exempt from paying annual fees and completing continuing legal education classes.
In the case of Barack Obama, his license status is listed as "voluntarily retired," indicating that he has chosen to retire his license and is not authorized to practice law. On the other hand, Michelle Obama's license status is listed as "voluntarily inactive," which means she still holds a valid law license but is not actively engaged in legal practice. It is important to note that neither of the Obamas has faced any disciplinary actions or charges related to their law licenses, contrary to the misinformation circulating online.
The process of changing the status of a law license can vary depending on the state and the specific circumstances. In Illinois, where the Obamas were admitted to the bar, the Supreme Court rules govern the process. Prior to 1999, Rule 770 required lawyers who wanted to change their status to petition the Illinois Supreme Court. After 1999, the rules were amended to make it easier for lawyers to switch to inactive status without having to petition the court. This change in the rules likely influenced the Obamas' decision to change their license status, allowing them to avoid the annual fees and continuing education requirements associated with maintaining an active license.
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Frequently asked questions
No. There have never been any disciplinary actions against the former president or his wife.
The Obamas haven't said exactly what prompted them to change the status of their licenses. However, it is fairly common for lawyers who don't intend to continue practising law to go on inactive status.
No. Neither Barack nor Michelle Obama has ever been the subject of attorney disciplinary proceedings in Illinois.
Barack Obama is listed as "voluntarily retired and not authorized to practise law", while Michelle Obama is listed as "voluntarily inactive and not authorised to practise". However, both could return to active status and practise law if they desired.
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