Accord reached in UPL case of We the People

Accord reached in UPL case of We the People

The Illinois State Bar Association and We The People USA have settled a dispute involving business activities performed by the operators of the We The People franchises in Illinois.

At issue was the ISBA's claim that We The People operators participated in the unauthorized practice of law in Illinois, while the operators steadfastly maintained that their business model does not encroach on the practice of law in Illinois.

In 2001, the ISBA filed suit in the McHenry County Court seeking judicial resolution of the dispute. In response, We The People operators filed a counterclaim, alleging that the ISBA defamed We The People and interfered with their business in McHenry County.

By agreement, both the complaint and the counterclaim pending in McHenry County were dismissed, and a consent decree incorporating the parties' agreement was entered in the Circuit Court of Cook County.

The Cook County consent decree describes which acts are acceptable. A copy of the consent decree can be found at www.isba.org/upl/decree.html.

William J. Anaya of Arnstein & Lehr, who represented the ISBA, said, “We have no comment as to whether or not an Illinois consumer is adequately protected under consumer protection laws, or whether or not it is wise for a consumer to choose We The People's services.

“By signing the consent decree, ISBA is simply stating that it is satisfied that the current We The People business model of selling forms and typing information provided by the customer on those forms will not subject Illinois consumers to legal advice from someone without the skill, education, experience, financial and professional responsibility of a licensed Illinois attorney.”

After the complaint and counterclaim were filed, the former California franchisor sold the corporate assets and the name to We The People USA, a Delaware corporation. Lawyers from both sides credit the new owner with providing a new perspective to the dispute. We The People USA agreed to modify the former business model in order to reach an accord with ISBA.

According to We The People's lawyer, Michael A. Stiegel of Michael, Best & Friedrich, “Our client steadfastly denies that it or its predecessor participated in the unauthorized practice of law at any time in Illinois, but our client also had no objection to agreeing to the terms and conditions described in the consent decree that clearly establish the propriety of their business model.”