Court & Hearings

Just because you have a lawyer does not mean you are always satisfied with the work they are doing. If you have a dispute with your lawyer, the first step is to talk with them and try to resolve it. If you disagree with their opinions or advice, it does not necessarily mean they have done anything wrong. If they are not responding to your calls or emails, you can send them a letter asking for a response A formal written answer to the plaintiff or petitioner's written statement within a certain time. You are always free to find a different lawyer if your current one is not a good fit. Find out more about firing your lawyer. 

Lawyers must act ethically, honestly, and comply with the law. They must follow the Rules of Professional Conduct to maintain their ability to practice law in Illinois. 

For example, lawyers may not:

• Commit a criminal act, 
• Engage in conduct involving dishonesty, fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). , deceit, or misrepresentation,
• Improperly state or imply an ability to influence a government official,
• Knowingly assist a judge or judicial official in conduct that violates rules of judicial conduct, or 
• Give or lend anything of value to a judge or other official.

Lawyers have specific duties to their clients. They cannot make certain decisions without your permission. In most situations, a lawyer cannot divulge confidential information unless you say it’s ok. A lawyer cannot accept a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them deal without your consent When someone gives permission for someone else to do something . A lawyer is also required to tell you about all your options. This includes if a plea deal is offered.

Lawyers must register annually with the Attorney Registration and Disciplinary Commission (ARDC). One of the ARDC’s main purposes is helping the Illinois Supreme Court determine lawyers’ fitness to practice law. The ARDC looks into complaints about illegal, unethical, and dishonest conduct by lawyers. If they find that type of conduct, they will bring formal disciplinary charges. 

Filing a complaint

If you think your lawyer has acted unethically or broken the law, you can file a complaint with the ARDC. You should file a complaint soon after the alleged improper behavior. There is not a statute of limitations. But it is difficult for the ARDC to investigate complaints over something that happened years ago. Keep in mind that filing an ARDC complaint is very serious and should not be done lightly.

You can file a complaint about:

• An Illinois lawyer,
• A non-Illinois lawyer who has provided legal services in Illinois, or
• A non-lawyer you are claiming has engaged in the unauthorized practice of law in Illinois. 

 You will need to provide:

• Your name,
• The name and contact information of the person you want to be investigated,
• Your connection to the person (for instance, did you hire them?),
• The court case name and number, if applicable, and
• Any other relevant information about the complaint including witnesses and relevant documents.

What happens after I file a complaint?

The complaint will be reviewed by an ARDC lawyer to see if there is a basis for the complaint. The ARDC will let you know its decision within about 2 weeks. If an investigation is opened, the lawyer has a chance to respond. Then, the ARDC may ask you, the lawyer, or other witnesses for additional information. Most investigations are concluded within 90 days, but some take longer. It depends on the complexity of the situation.

If the investigation shows that there was improper behavior, the lawyer may be disciplined. The Illinois Supreme Court ultimately makes the decision. A lawyer could be "censured" (publicly rebuked), suspended (having their law license either taken away for a certain period of time or placed on probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. ), or disbarred (having their law license taken away indefinitely).

If I lost money, can I get it back?

Possibly, if it is proven that your lawyer wrongfully took money from you. The Illinois Supreme Court established The Client Protection Program to reimburse clients for losses caused by dishonest conduct of Illinois lawyers. The Program reimburses clients who cannot get reimbursement from the lawyers who caused their losses, or from other sources such as insurance.

The client protection program does not cover losses from professional negligence When someone is not careful in protecting the rights and property of others . In that situation, you may want to file a malpractice lawsuit. If you do, you should find a lawyer who practices in that area of law. The Chicago Bar Association and the Illinois State Bar Association provide lawyer referrals. You also can contact your local bar association for a referral.

What if my lawyer is following the rules, but I'm still not satisfied?

It can be very frustrating when your lawyer does not respond, or does not meet your expectations. If you are worried your lawyer is not working hard enough on your case, send them an email asking for an update. In these situations, it’s best to be direct but polite. Remember: you and your lawyer are a team. Be honest, but give them a path forward.

If these efforts don’t end the way you want, you may need to fire your lawyer. If this happens, get the file from your lawyer to give to your new lawyer. This can save a lot of time and money.

Keep in mind that finding a new lawyer can be a difficult and expensive process. That is why it is often better to try and work through issues you may have with your current lawyer. Learn more about how to fire or change your lawyer.