New law bans ads for unlicensed individuals offering legal services
A new Illinois law signed by Governor Blagojevich and scheduled to take effect on January 1, 2006, prohibits advertising of legal services by individuals that do not have a license to practice law.
The legislation, which was an initiative of the Illinois State Bar Association (ISBA), amends the Attorney Act, which makes it illegal for someone who does not have a law license to provide legal services.
The new law aims to help consumers avoid responding to ads by unlicensed individuals, thereby using a notary or document preparer who fails to have the proper licensing and credentials to practice law. If a consumer uses the services of an unlicensed person, and the document is not prepared correctly, the document may not stand up in court, and the consumer may be left without recourse.
The legislation will also assist with the problem of "notarios publicos" who often defrauded immigrants. In Latin America, notarios publicos are lawyers or judges. Some unscrupulous notaries public here have advertised with the intent of taking advantage of non-English speaking immigrants to persuade them to purchase so-called legal documents. This legislation will prevent all licensed individuals, including notaries public, from advertising that they can provide legal services.
The ISBA, which has led the battle against the unauthorized practice of law, has filed lawsuits against individuals and corporations that have led to injunctions governing their activities.
The current Attorney Act contains exceptions that allow limited categories of unlicensed persons to represent parties in certain matters before the Illinois Labor Relations Board, the Illinois Educational Labor Relations Board, the State Civil Service Commission, local Civil Service Commissions and the University Civil Service Merit Board. Also exempted are advocates assisting persons under the federal disabilities law or State statutes implementing those laws.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
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