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Illinois Proposed Rules
Proposed Amendment to Rule 5.5(c)
A lawyer shall not:
(a) practice law in a jurisdiction where doing so violates the regulation
of the legal profession in that jurisdiction; or
(b) assist a person who is not a member of the bar in the performance of
activity that constitutes the unauthorized practice of law or;
(c) participate in or assist a firm or other entity that offers or
provides lawyer services primarily by telephonic media unless the firm or other entity
is registered under applicable Supreme Court Rules.
Proposed Illinois Supreme Court Rule 731
Telephonic or Electronic Legal Services:
(a) No Lawyer shall participate in or assist an entity in
providing lawyers services primarily or principally by telephonic or other electronic
media unless the entity is a law firm as defined by Illinois Rules of Professional
Conduct and has a certificate of registration issued to it by the Administrator of the
Attorney Registration and Disciplinary Commission.
(b) The registration application shall be in writing signed
by all the partners or shareholders of the law firm and shall be filed with the
Administrator with a fee of $100. The application shall include:
(1) the name and address of the law firm;
(2) the names and residence addresses of the
shareholders or partners, the jurisdictions in which they are licensed to practice law,
the lawyers' registration or license numbers and certificates of good standing for each
jurisdiction in which they are admitted to practice;
(3) the names, residence addresses, and registration
numbers of all lawyers licensed by the state of Illinois who are employed by the law
firm;
(4) an affidavit from the shareholders or partners in the
law firm that the firm and its shareholders or partners and employees consent to
submit to the jurisdiction and laws of the state of Illinois with regard to all matters
relating to or arising out of the lawyer services offered or provided to persons in
Illinois, including compliance with the Illinois Rules of Professional Conduct in all
services rendered in Illinois, and that only Illinois licensed and registered lawyers in
good standing will provide lawyer services regarding Illinois law to persons in Illinois.
[Alternatively --"and that no lawyer of the law firm who is not a member in good
standing of the bar of Illinois or specifically admitted by court order to practice in
Illinois shall be permitted to practice Illinois law for persons in Illinois."]
(c) A certificate of registration shall continue in effect until it is
suspended or revoked, subject, however, to renewal annually within 30 days following
the close of each calendar year. The application for renewal shall be signed by all
shareholders or partners and shall include any changes in ownership or employment
of Illinois licenses and registered lawyers.
(d) Any changes in ownership of Illinois licensed and registered lawyer
employee shall be filed with the Administrator within 30 days of each such change.
(e) No certificate issued under this Rule shall be assignable.
(f) This rule shall not apply to organizations registered under Rule
730.
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