Lawyers and the practice of law are impacted by the actions of a wide range of government and non-governmental entities. Lawyers are, of course, directly regulated by the Illinois Supreme Court through the Rules of Professional Conduct and other Court registration and practice rules. But lawyers and the practice of law are also affected by state and federal administrative agencies, non-governmental actors like bar associations, and for-profit businesses in the legal services marketplace. The ISBA monitors the activities of these entities on behalf of the ISBA membership and the broader legal profession and, where appropriate, seeks to inform and influence them through rulemakings, commentary, and other actions.
ISBA Proposals Pending with the Illinois Supreme Court (as of August 2021)
- ISBA Proposal to Amend Supreme Court Rule 222
Proposed amendment to Rule 222 and Committee Comments re: unilateral information disclosures and interrogatories.
ISBA Proposals Pending with the Illinois Supreme Court (as of March 2, 2020)
Limited Scope Representation
- ISBA Proposal to Amend Limited Scope Representation Rules and Forms S. Ct. Rule 13
Proposed amendments to S. Ct. Rule 13 re: automatic withdrawal upon completion of limited scope representation.
- Rethinking the Race (IBJ May 2020)
- ISBA Proposal to Adopt a New Supreme Court Rule regarding Succession Planning
Proposed new rule concerning law practice designated representatives (Submitted July 17, 2018).
- Succession Planning: The Proposed Supreme Court Rule 781 (Senior Lawyers Newsletter, January, 2019)
- Chair’s Column: Succession Plans – A Basic Need (General Practice, Solo and Small Firm Newsletter, November, 2018)
Amends Comments to Rules of Professional Conduct 1.5, 1.15, 1.18, 5.4, and 7.2 (Submitted February 21, 2018).
Proposed amendments to Committee Commentary on maintenance of lawyer records (Submitted April 11, 2017).
ISBA Comments on Pending Proposals before the Supreme Court Rules Committee
In December, 2021, the Illinois Supreme Court published on its website a proposal from the Illinois Judicial Ethics Committee to adopt a new Judicial Code of Conduct.
Proposal 21-08 – New Code of Judicial Conduct Offered by the Illinois Judicial Ethics Committee
Letter in support of Proposal 21-08
On June 7, 2021, the Illinois Supreme Court published on its website four new rule proposals and a notice of public hearing to be held on July 22, 2021.
- Proposal 20-01 - Limited Scope Representation (R. 13)
Offered by Illinois State Bar Association
- Proposal 20-03 - Limited Scope Representation (R. 13)
Offered by CBA/CBF Task Force on the Sustainable Practice of Law & Innovation’s
Expanding Limited Scope Rules Committee
- Proposal 20-09 - Appellate Practice (R. 315, 321, 322 (new), 341, and 455 (new))
Offered by Appellate Lawyers’ Association
- Proposal 21-01 Remote Appearances in Civil Proceedings (various)
Offered by Illinois Supreme Court Commission on Access to Justice
On June 4, 2020, the Illinois Supreme Court published on its website eight new rule proposals and a notice of public hearing on June 24, 2020.
- Client solicitation prohibition (RPC 7.3)
- Deposition Use (R. 212)
- Appellate Practice (various)
- Mortgage Foreclosure Practice (R. 113)
- Rule 23 Elimination
- Appellate Practice (R. 303)
- Admission on Motion (R.705)
- Eviction Practice (New)
- Public Hearing Transcript
- ISBA Comments
In April, 2019, the Illinois Supreme Court published on its website six new rule proposals and a notice of public hearing for June 19, 2019. The ISBA solicited comments from relevant section councils and committees and filed formal comments.
- Appellate Practice
- Use of Video Recorded Depositions
- Uniform Protective Order for Health Information
- Appellate Briefs Amicus Curiae
- Appellate Briefs Word Count
- Appellate Briefs Appendices
ISBA Comments re Supreme Court Proposals
- Illinois Supreme Court sets Public Hearing on Proposals (The Bar News, May 2019)
ISBA Comments on Legal Profession Related Proposals or Action
Recent Law Graduates and COVID-19
- S. Ct. Rule 711 Expansion
- ISBA Professional Conduct Advisory Opinion 20-01 (Services allowed to be performed by law graduates prior to licensure)
ARDC Matching Services Study
Lead generation and fee sharing
- ISBA Comments re: ARDC Intermediary Connecting Services Proposal (040320)
- ARDC Intermediary Connecting Services Proposal (020320)
- ISBA Comments re: ARDC Matching Services Study (083118)
- ARDC Matching Services Study (062518)
- A Consistent Position (Illinois Bar Journal, April, 2019)
- A Firm Stance (Illinois Bar Journal, February, 2019)
- Weighing In on Fee Sharing (Law Pulse, October 2018)
- The Future of For Profit Referral Services (Law Pulse, August, 2018)
- Avvo and the Ethics of Lead Generation (Illinois Bar Journal, April, 2016)
CBF Task Force on the Sustainable Practice of Law and Innovation
Proposals to Re-regulate the Practice of Law
PTAB Lawyer-Legislator Proposal
ABA Advertising Revisions to Model Rules of Professional Conduct (Adopted August 6, 2018)
- ABA Proposal
- ISBA Comments (pre-adoption)
- ISBA Supplementary Comments (pre-adoption)
- False, Misleading, and Worth Your Attention (Illinois Bar Journal, October, 2018)
- ABA Considers Modifying Model Rules on Attorney Advertising (Bench and Bar Newsletter, January, 2018)
Legal Services Corporation Funding
Every year, the ISBA joins with other Illinois bar associations and legal foundations to lobby Illinois’ congressional representatives to preserve and increase funding for the Legal Services Corporation in order to help Illinois’ neediest citizens access important legal services.
- Statement of the ISBA and CBA on Proposed Elimination of Legal Services Corporation (The Bar News, March, 2017)