Full Text of HR0828 100th General Assembly
HR0828 100TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, The practice of law in the State of Illinois | 3 | | places attorneys in a position of power
when they are assisting | 4 | | clients in their times of need; and
| 5 | | WHEREAS, Out of the roughly 13,500 solo practitioners in | 6 | | this State, approximately 5,500, or 41%, do not carry | 7 | | malpractice insurance; 9% of small firms do not maintain | 8 | | malpractice insurance policies; and
| 9 | | WHEREAS, Regulators are concerned about young attorneys | 10 | | with large debts and little opportunity to find work being less | 11 | | likely to carry insurance and more likely to take on work
| 12 | | outside their comfort range due to financial pressures; and | 13 | | WHEREAS, Solo practitioners also lack the safety nets that | 14 | | help keep lawyers in other practice
settings from committing | 15 | | malpractice; and | 16 | | WHEREAS, The purpose of malpractice insurance is to protect | 17 | | both the attorney and the client
from financial devastation in | 18 | | the case of allegedly negligent representation; and | 19 | | WHEREAS, The Attorney Registration and Disciplinary | 20 | | Committee (ARDC) regulates the
annual registration and |
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| 1 | | reporting requirements of Illinois attorneys under the power of | 2 | | the
Supreme Court Rules; and | 3 | | WHEREAS, The Illinois State Bar Association (ISBA) is a | 4 | | voluntary organization whose primary
focus is to assist | 5 | | Illinois lawyers in the practice of law and promote | 6 | | improvements in the
administration of justice by shaping | 7 | | legislation, educating the public, and supporting the courts
| 8 | | and the rule of law; and | 9 | | WHEREAS, Each year, the ARDC requires Illinois attorneys to | 10 | | report whether they or their
firms carry malpractice insurance, | 11 | | and makes this information public via the ARDC's website; and | 12 | | WHEREAS, A prospective client may not know that the website | 13 | | exists or that it provides such
information; and | 14 | | WHEREAS, On January 25, 2017, the Illinois Supreme Court | 15 | | amended Supreme Court Rule
756(e) to require Illinois attorneys | 16 | | who do not carry malpractice insurance to complete a four hour,
| 17 | | interactive, online assessment of the operations of their firm | 18 | | during each two-year
registration period in an attempt to | 19 | | reduce instances of malpractice by uninsured attorneys in this
| 20 | | State; and
| 21 | | WHEREAS, While this change is helpful, it may not address a |
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| 1 | | situation where an Illinois
attorney's malpractice insurance | 2 | | is cancelled or lapses between reporting periods, leaving the
| 3 | | attorney uninsured while representing a client who would be | 4 | | unaware of that fact; and
| 5 | | WHEREAS, It would be beneficial for clients and attorneys, | 6 | | who may face subsequent legal repercussions, to be made aware | 7 | | when attorneys become uninsured; and
| 8 | | WHEREAS, This is a subject within the purview of the ARDC, | 9 | | the ISBA, and the judiciary branch; therefore, be it
| 10 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 11 | | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we | 12 | | urge the ARDC to look into
further amending Supreme Court Rule | 13 | | 756 to require Illinois attorneys to disclose to prospective
| 14 | | and current clients if and when the attorney's malpractice | 15 | | insurance has lapsed; and be it further
| 16 | | RESOLVED, That suitable copies of this resolution be given | 17 | | to the ARDC and the ISBA.
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