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 Court's 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 state's attorney's office in your county or the Illinois Attorney General.

The role of non-lawyers in the legal system

In Illinois, only a lawyer licensed by the state can give legal advice. Anyone else who attempts to do so may be committing the unauthorized practice of law.

But there are other professionals who are involved in the legal profession. It is helpful for the public to be aware of their role.

"Paralegals" are trained professionals who perform substantive legal work that requires knowledge of legal concepts. They work under the direct supervision of a lawyer or lawyers. As non-lawyers, they may not work independently or alone.

If, for example, a paralegal were to offer to do something as simple as help you complete a legal form, that may be considered the unauthorized practice of law.

A "notary public" is another professional who is tangentially involved in the legal profession. Some people, especially those from certain countries, believe that a notary public is a practicing lawyer. Many countries have notaries public who have the authority to assist in legal matters; however, in the USA, they do not. In this country, notaries public are only allowed to witness the signing of important documents and administer oaths. The documents are notarized to ensure that they are properly executed.

"Mediators" can provide a valuable service to help settle disputes. They are neutral, impartial parties hired to assist the feuding parties in reaching a voluntary, mutually satisfactory settlement of their dispute. Mediators are sometimes, but not always, licensed attorneys.

If a mediator is not licensed to practice law, he or she cannot provide legal services. If you and another party agree to use a mediator to reach a settlement, and if the matter is of a serious nature, you may wish bring the settlement agreement to a lawyer to ensure fairness and legality.

Another source of legal advice is "storefront operations," which typically sell blank legal forms. Advertisements tout them as an inexpensive alternative to hiring a lawyer, but they should be used with caution. If you purchase a form or forms at a storefront type of operation, and you fill them out to the best of your abilities, you are representing yourself, which is legal. If another person tells you what form to use, or attempts to guide you in your responses to requests for information on the forms, they are practicing law illegally and should be reported to the state's attorney's office in your county or to the Illinois Attorney General.

Not surprisingly, many people turn to the "Internet" for legal advice. While the Internet may be a wonderful research tool, it has its limits. If you are looking for specific legal information, make sure the website you are relying upon contains information written by a lawyer, is based on Illinois law, and that the site has been recently updated. The law changes all of the time.

How to resolve a dispute with a non-lawyer: hire a lawyer If you use the services of a non-lawyer, and they mess things up, there are options available to help you resolve the problem. You can hire a licensed attorney, you can report the incident to the State's Attorney or the Illinois Attorney General, or you can represent yourself in court.

There are many good reasons to hire an experienced, licensed attorney to represent you. Licensed lawyers have graduated from a law school accredited by the American Bar Association, and they have passed the rigorous state bar exam, proving that they have the character and fitness to practice law and to represent those who have legal problems. They must also abide by rules to keep their clients' information confidential. They must take mandatory continuing legal education courses.

If you want a lawyer to help you, you can contact the Illinois State Bar Association's lawyer finder service. The service will refer you to a lawyer in your area who has agreed to provide a half-hour consultation for a fee not to exceed $15. All lawyers in this service must be in good standing with the Supreme Court's Attorney Registration and Disciplinary Commission and must carry malpractice insurance. The service operates Monday through Friday from 9:00 a.m. to 2:00 p.m. Call toll free, 1-800-922-8757, or log onto www.isbalawyers.com.

If after that first half-hour you decide to hire the lawyer, you would need to discuss fees. Some lawyers will work for a set fee, others will charge an hourly rate. Some will take cases on a contingent fee basis, which means they will take a percentage of any monetary award that results from the representation. If you agree to a contingent fee arrangement, be sure that you ask to find out whether all expenses involved in the case are included in that arrangement. If not, you will have to pay extra for expert witnesses, court fees, and so forth.

Some lawyers ask clients to pay what is called a retainer. This is a fee that is similar to earnest money in a real estate transaction, in that it establishes a formal agreement between the lawyer and the client. There are many different kinds of retainer fee agreements. Be sure that your lawyer explains this fee and tells you how these fees will be earned.

Free legal advice may be available to low-income persons If you need legal advice on a civil (non-criminal) matter ñ 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 household's 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:

Among the leading organizations that provide free legal services are:

Land of Lincoln Legal Assistance Foundation
http://www.lollaf.org/
618.462.0029; 800.642.5570

Prairie State Legal Services
http://www.pslegal.org/
815. 965.2134

In areas not covered by these two legal service providers, consider:

Chicago Legal Clinic
http://www.clclaw.org/
773.731.1762

Chicago Volunteer Legal Services
http://www.cvls.org/
312.332.1624

Coordinated Advice and Referral Program for Legal Services (CARPLS)
http://www.carpls.org/Home.aspx
312.738.9494

DuPage Legal Aid Service
http://www.geocities.com/lasdupage@sbcglobal.net/
630.653.6212

Legal Aid Bureau of Metropolitan Chicago
http://www.metrofamily.org/services/lab.asp
312.986.4000

Legal Assistance Foundation of Metropolitan Chicago
http://www.lafchicago.org/
312.341.1070

 

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

If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.