Publications

Articles on Unauthorized Practice of Law

Bill would let nonlawyers represent taxpayers in county tax appeals

By Janan Hanna
May
2014
LawPulse
Page 214
A now-dormant legislative proposal would authorize nonlawyers to represent taxpayers in county tax appeals. The ISBA is leading the fight against it.

Fighting UPL after Downtown Disposal

By Kimberly Glasford
November
2013
Article
Page 574
Downtown Disposal held that a layman's UPL on behalf of a corporation does not automatically void the proceedings. But the author argues that lawyers still have many UPL-fighting tools.

Lake County bans nonlawyer representatives at tax appeals board

By Adam W. Lasker
June
2013
LawPulse
Page 278
Lake is the latest Illinois county to confront UPL by prohibiting nonlawyers from representing parties before the tax appeals board of review.

The Battle Against Non-Lawyer Involvement in Legal Practice

By John E. Thies
January
2013
Column
Page 8
How ISBA is fighting efforts to allow non-lawyer ownership.

Corporate pleadings improper - but not void - when signed by non-attorney

By Adam W. Lasker
January
2013
LawPulse
Page 10
In Downtown Disposal, the Illinois Supreme Court ruled that filings signed by a non-attorney are not null-and-void UPL and may be amended by lawyer.

The high court empowers the ARDC to go after UPL

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
New rules give the Illinois Attorney Registration and Disciplinary Commission authority to prosecute actions for the unauthorized practice of law.

UPL: Nonlawyers may represent employers before the IDES, appellate court holds

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
The Illinois Appellate Court held that nonlawyers who represent employers before the Illinois Department of Employment security in unemployment benefits hearings aren't engaging in the unauthorized practice of law.

Real estate lawyers fear “law related services” definition

By Helen W. Gunnarsson
January
2009
LawPulse
Page 10
 Defining "law related services" in Illinois' ethics rules could encourage UPL, pose malpractice risks, and cause other problems, real estate lawyers tell the supreme court.

Living-trust scams: all too alive and well in Illinois

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
Meanwhile, a recent Indiana Supreme Court opinion unambiguously declares that drafting a testamentary trust is the practice of law.

Law firm’s failure to register under Rule 721 not UPL

By Helen W. Gunnarsson
July
2005
LawPulse
Page 330
And that means an unregistered firm can collect its attorney fee award, the supreme court holds.

No unauthorized practice of law when lenders prepare documents

July
2005
Illinois Law Update
Page 336
On April 21, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Fourth District, and the Circuit Court of Cook County's decision granting summary judgment to the defendant. 

Failure to register under Supreme Court Rule 721(c) does not amount to the unauthorized practice of law

June
2005
Illinois Law Update
Page 280
On March 24, 2005, the Illinois Supreme Court reversed the orders of both the appellate and circuit courts, which vacated an attorney fees award. 

The supreme court latest UPL case: a mixed blessing

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
The supreme court allows nonlawyer lenders to charge for preparing mortgages but reaffirms that drafting and filling out real estate documents is the practice of law.

Murphy’s Law: A judge says “no” to UPL

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
An Illinois-based federal district judge takes a bold stand against UPL, and the seventh circuit affirms.

Fighting UPL

By Helen W. Gunnarsson
November
2001
LawPulse
Page 564
The ISBA's three-front war against the unauthorized practice of law is proceeding.

Correspondence from Our Readers

August
2001
Column
Page 390
Are we "title agents practicing law"?

The Fight Against UPL Continues

By Tim Eaton
July
2001
Column
Page 336
Traditionally, the inaugural President's Page is devoted to the new president's own programs for the coming year or to giving him or her an opportunity to share some personal insights or words of wisdom.

Correspondence from Our Readers

April
2001
Column
Page 162
Helping property taxpayers with reductions: not necessarily UPL?

Persistence Pays in the Fight Against UPL

By Herb Franks
April
2001
Column
Page 164
In the struggle between the stone and the water, in time, the water wins. -Chinese proverb      

UPL and Property Tax Assessment Appeals in Illinois

By Thomas J. McNulty
December
2000
Article
Page 710
Make no mistake about it—representing taxpayers before Illinois assessment officials constitutes the practice of law, this author says.

UPL Task Force Moves Ahead

By Herb Franks
October
2000
Column
Page 556
I began my year as president of the Illinois State Bar Association by saying I would start no new programs.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2000
Column
Page 124
Public defenders and legal malpractice; lawyers can commit UPL; and more.

ALLERTON HOUSE CONFERENCE ’98: Confronting and Embracing Changes in the Practice of Law

By Ellen E. Deason
November
1998
Article
Page 628
UPL, ADR, judicial independence, technology—all were on the docket at this year's forward-looking Allerton House Conference.

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