Tuesday, March 19, 2019

A Continuing Education

An Illinois attorney had been charged with unauthorized practice after an administrative suspension

At all times alleged in this complaint, Supreme Court Rule 793 requires that, by the last day of the month that occurs one year after the newly-admitted attorney’s admission to practice in Illinois, newly-admitted attorneys must: a) complete a Basic Skills Course of no less than six hours covering topics such as practice techniques and procedures under the Illinois Rules of Professional Conduct, client communications, use of trust accounts, attorneys’ other obligations under the Court’s Rule, required record keeping, professional responsibility topics (which may include professionalism, diversity and inclusion, mental health and substance abuse, and civility) and may cover other rudimentary elements of practice. The Basic Skills Course must include at least six hours approved for professional responsibility credit. An attorney may satisfy this requirement by participating in a mentoring program approved by the Commission on Professionalism pursuant to Rule 795(d)(11); b) complete at least nine additional hours of MCLE credit, which may include any number of hours approved for professional responsibility credit; and c) report their compliance to the MCLE Board as required by Rule 796.

At all times alleged in this complaint, Supreme Court Rule 796 requires that the MCLE Board send to attorneys a notice of requirement to submit an MCLE certification ("Initial MCLE Notice"). The attorney’s certification shall state whether the attorney complied with these Rules, has not complied with these Rules or is exempt. With respect to newly-admitted attorneys, Rule 796(a)(1)(i) requires that, on or before the first day of the month preceding the end of the attorney’s newly-admitted attorney requirement reporting period, the Director shall mail or email the attorney, at a mailing or email address maintained by the ARDC, an Initial MCLE notice.

After much back and forth with the MCLE officials

On or about April 21, 2017, Respondent received the letter from the ARDC that informed him his name had been removed from the Master Roll of Attorneys and that he was no longer authorized to practice law in Illinois.

Between April 19, 2017 and November 29, 2017, Respondent continued to be employed by the McLean County State’s Attorney’s Office, appeared in several matters and engaged in the practice of law as an assistant state’s attorney, despite being removed from the Master Roll of Attorneys.

On November 28, 2017, Respondent completed all of the requirements for newly-admitted attorneys.

On November 29, 2017, Respondent was reinstated to the Master Roll of Attorneys.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/03/an-illinois-attorney-had-been-charged-with-unauthorized-practice-after-an-administrative-suspension-at-all-times-alleged-in.html

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