ISBA CLE
Fool for a Client:
A Guide to Representing Yourself in ARDC Proceedings
Presented by the ISBA Standing Committee on
Attorney Registration & Disciplinary Commission
Chicago
Friday, February 13, 2009
ISBA Regional Office
20 S. Clark St. (map and directions)
Suite 900
Register Now
Champaign
Friday, February 20, 2009
Hawthorn Suites
101 Trade Center Dr. (map and directions)
Register Now
2.0 MCLE credit hours, including 2.0* PMCLE credit hours
Many attorneys cannot afford to or will not retain defense counsel to represent them in ARDC matters. Statistics show many attorneys defend themselves before the ARDC, often to their detriment. This program will provide practical guidance for attorneys in responding to ARDC grievances. This presentation is designed for solo and small firm practitioners of all areas of practice and skill level.
Program Coordinator and Speaker:
Gawain Charlton-Perrin, CNA Insurance Companies, Chicago
9:00 – 9:30 a.m. Don’t Do It - Reasons Not to Represent Yourself Before the ARDC
There is an old adage that anyone who attempts to defend himself in a court of law has a fool for a client. When it comes to ARDC proceedings, many attorneys do not heed their own advice. This section will discuss reasons why attorneys should not represent themselves in ARDC proceedings and the risks if they do.
9:30 – 10:00 a.m. Why Do They Do It? Statistics and Reasons Behind Pro Se Representation Before the ARDC
Despite advice to the contrary about the risks, many attorneys decide to represent themselves pro se in ARDC proceedings. This is true in all stages of an ARDC matter from responding to initial grievances to defending themselves in formal hearing matters and Review Board appellate hearings. This presentation will cover ARDC statistics on pro se representation in ARDC matters and review reasons why attorneys represent themselves before ARDC, including whether it is for financial reasons or for the avoidance of professional embarrassment.
10:00 – 10:15 a.m. Break
10:15 – 11:00 a.m. So You’re Going to Do it – A Guide to How to Best Defend Yourself Before the ARDC
Based on statistics from the ARDC, each year attorneys will represent themselves before the ARDC in large numbers. This presentation will include a discussion of the basics for representing yourself before the ARDC and provide a how-to guide. Topics to be addressed include where grievances come from, what to do when you receive a grievance, how to locate the rules of the ARDC, how the ARDC is constituted and which department you should respond to, responses the ARDC prosecutor is looking for, what happens to your response once you submit it, the importance of all communications and responses to the ARDC, duties you have as an attorney in responding to ARDC matters, formal steps and ARDC procedures if a grievance is escalated to a formal hearing matter, and rethinking pro se representation at hearing matter stage.
11:00 – 11:15 a.m. What Are the Consequences? Discussion of ARDC Cases Involving Pro Se Representation Before the ARDC
The final session will include a discussion on the types of discipline and possible sanctions for attorneys; this includes ARDC cases where attorneys defended themselves before the ARDC and the results of those cases.
*Professional Responsibility MCLE credit subject to review
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