The Illinois State Bar Association and We The People USA announced today that they have settled a dispute involving the business activities performed by the operators of the We The People franchises in Illinois. At issue was the Bar Association's claim that We The People operators participate in the unauthorized practice of law in Illinois. The We The People operators steadfastly maintained that their business model does not encroach on the practice of law in Illinois. Nonetheless, in 2001, the Bar Association filed a lawsuit in the Circuit Court in McHenry County, Illinois seeking judicial resolution of the dispute. In response, the We The People operators filed a counterclaim, alleging that the Bar Association 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 Circuit Court in Cook County. The Cook County Consent Decree describes which acts are acceptable. According to the terms of the Consent Decree, the Bar Association is not approving or recommending the new business model, but is only satisfied that We The People operators will be compliant with the law prohibiting the unauthorized practice of law so long as the operators refrain from those prohibited acts and perform only those acceptable acts specifically described in the Consent Decree.

Counsel for the Illinois State Bar Association, William J. Anaya of Arnstein & Lehr LLP stated, "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 customer to choose We The People's services. By signing this Consent Decree, our client is simply stating that the Bar Association 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 customers 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 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. Indeed, We The People USA agreed to modify the former business model in order to reach an accord with the Bar Association. According to We The People's lawyer Michael Stiegel of Michael, Best & Friedrich LLP: "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 has no objection to agreeing to the terms and conditions described in the Consent Decree that clearly establish the propriety of their business model."

More information and a copy of the Consent Decree is available from: