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Amended Supreme Court Rule to Increase Pro Bono Service Among House Counsels, and Attorneys on Retired or Inactive Status
The Illinois Supreme Court recently amended Illinois Supreme Court Rule 756 to allow attorneys registered with the Attorney Registration and Disciplinary Commission (ARDC) as retired, inactive or house counsel to provide pro bono legal services under certain circumstances in Illinois. The amended Rule was entered on March 26, 2008 and became effective as of July 1, 2008.

Previously, a person registered as inactive or retired could not provide any legal services or advice, or hold themselves out to be so able or engaged. The house counsel status is intended for those attorneys licensed in another state, but who are employed in Illinois as house counsel for a corporation. Under this status, the attorney could only perform limited legal services in this state solely on behalf of the corporation with which they are employed. The amended Rule permits those attorneys with retired, active or house counsel status to perform pro bono legal services in Illinois courts.

These attorneys may provide pro bono legal services without charge or expectation of a fee by the attorney to persons of limited means or to certain organizations under the auspices of a sponsoring entity. Agencies that would like to be sponsoring entities must submit an application to the Administrator of the ARDC seeking to be qualified under the Rule on an annual basis. Agencies seeking to be qualified under the Rule must provide to these attorneys appropriate training and support and malpractice insurance coverage.

In addition to any existing requirements relating to their status, attorneys with retired, inactive or house counsel status, must also seek authorization from the ARDC to provide pro bono legal services on an annual basis. Attorneys registered with the ARDC under the retired status are not required to pay an annual registration fee. Attorneys registered as inactive or house counsel remain subject to annual registration fees under the Rule.

Click here for the Authorization Forms for Retired, Inactive and House Counsel Lawyers and Sponsoring Agencies

Click here to read the entire amended Rule.