Is It Lawyer Misconduct or Attorney Negligence?

In Illinois, the practice of law is governed by rules of professional conduct. Violation of these rules is grounds for discipline for unethical conduct. Examples of unethical attorney conduct include: failure to provide competent representation, conflicts of interest, misuse of client's funds, sexual relations between the attorney and client, and false advertising.

Frequently, an attorney's unethical conduct overlaps with suits for legal malpractice. Legal malpractice occurs when an attorney intentionally or negligently mishandles a case and causes injury to a client. The most common reasons for a legal malpractice suit are: the lawyer didn't know the substantive law well enough, the lawyer failed to get a client's consent or to inform the client, not knowing or observing a deadline, and insufficient discovery and/or investigation. The outcome of a legal malpractice suit does not determine whether or not the attorney will be able to continue practicing law. Concerns dealing with the performance or conduct of an attorney should be directed to the Attorney Registration & Disciplinary Commission (ARDC).

The ARDC, an agency of the Illinois Supreme Court, is responsible for maintaining current records of registration and discipline information for lawyers licensed to practice in Illinois, investigating allegations of misconduct by lawyers, and prosecuting the cases where a lawyer's misconduct suggests a threat to the public or to the integrity of the legal profession.

If you feel that a licensed Illinois attorney has engaged in illegal, unethical or dishonest conduct, you can file a complaint with the ARDC by mailing a request to look into the conduct of that attorney to either the Chicago ARDC office (if the office of the lawyer involved is in northern Illinois) or the Springfield ARDC office (if the office of the lawyer involved is in southern or central Illinois). There is no fee or cost for a request to investigate. The ARDC will investigate the complaint and, if warranted, bring formal disciplinary charges. Examples of disciplinary charges include: private reprimands, public censure, suspension of the ability to practice law, and, most severe of all, disbarment permanent denial of the ability to practice law in that jurisdiction.

On the other hand, if you feel that your lawyer's behavior was negligent and caused you a harm you should seek an attorney to represent you. We are lawyers that help people find the right law firm for their situation. If you would like our help in finding an attorney please contact us at any time. All calls are free and confidential.