THE UNAUTHORIZED PRACTICE OF LAW: WHAT YOU SHOULD KNOW To keep would-be hustlers and scammers from taking advantage of the public, the state legislature has passed laws – and Illinois courts have upheld these laws – prohibiting people not trained or licensed as attorneys from practicing law. Most of these laws pre-date modern consumer protection laws. Despite the laws, charges of the unauthorized practice of law persist. Studies show that the most common unauthorized practice of law complaints are family law matters such as divorces, separations and child custody issues; real estate matters including deed preparation, mortgage preparation, and transfer of property; estates and wills matters such as living trusts, durable powers of attorney; bankruptcy proceedings, and immigration matters. To avoid being a victim of the unauthorized practice of law in these or on any legal matters, use only the services of attorneys who are licensed to practice law specifically in Illinois. Licensed attorneys must have graduated from a law school accredited by the American Bar Association. They must have passed the Illinois Bar Examination, a rigid test of knowledge in many fields of law. Also, they must undergo a thorough examination by the Illinois Supreme Courts Committee on Character and Fitness. Attorneys must disclose to the Attorney Registration and Disciplinary Commission if they carry liability insurance. And, they are required to take continuing legal education courses to keep themselves updated on legal issues. The Illinois State Bar Association has aggressively investigated and sued non-lawyers who practice law without the proper training to do so and may harm the very persons they purport to help. If you know of anyone whom you believe may be engaged in the unauthorized practice of law, contact the states attorneys office in your county or the Illinois Attorney General. Free legal advice may be available to low-income persons If you need legal advice on a civil (non-criminal) matter such as family law, a housing matter or personal bankruptcy ─ and have limited financial resources, you may be able to take advantage of free legal services that are available throughout Illinois. Legal service clients must be able to prove that they lack sufficient income and qualify for the free service. Some of the organizations post their eligibility requirements on their web site. When determining whether or not to accept a case, those offering free legal services consider several factors. Legal matters that impact a households ability to meet its basic human needs for protection from violence and abuse, access to medical assistance, subsistence income, or access to decent affordable housing, are considered the most important. Some of the cases commonly accepted for more extensive legal representation include: Domestic Violence Orders of Protection (when legal representation is needed) Denials/terminations of Supplemental Security Income (SSI) benefits Financial exploitation or abuse of the elderly or persons with disabilities Problems associated with nursing home care or paying for nursing home care Among the leading organizations that provide free legal services are: Land of Lincoln Legal Assistance Foundation lollaf.org/ 618.462.0029;800.642.5570 Prairie State Legal Services pslegal.org/ 815.965.2134 In areas not covered by these two legal service providers, consider: Chicago Legal Clinic clclaw.org/ 773.731.1762 Chicago Volunteer Legal Services cvls.org/ 312.332.1624 Coordinated Advice and Referral Program for Legal Services (CARPLS) carpls.org/Home.aspx 312.738.9494 DuPage Legal Aid Service dcba.org 630.653.6212 Legal Aid Bureau of Metropolitan Chicago metrofamily.org/legal-aid/ 312.986.4000 Legal Assistance Foundation of Metropolitan Chicago lafchicago.org/ 312.341.1070 Note: This information was prepared as a public service by the ISBA. Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer. John Delaney is a member of the ISBA and Madison County Bar Association. If you need a lawyer... John Delaney, Attorney at Law 618-259-0500 [email protected]
Posted on: Sat, 15 Nov 2014 14:57:32 +0000
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