Overview of Amended Illinois Pro Hac Vice Rules
Amended Rule 707(a) permits an eligible out-of-state attorney to appear in an Illinois proceeding without order of the tribunal, upon filing of the appearance of an active status Illinois attorney and of a verified Statement of the out-of-state attorney. Eligibility requirements listed in Rule 707(b) include that the out-of-state attorney is authorized to practice in another enumerated jurisdiction, is not prohibited from practice in any jurisdiction due to discipline, and, on and after January 1, 2014, has not entered an appearance in more than five other proceedings in the calendar year.
The verified Statement must provide requested information (Rule 707(d)). Click here for a sample Statement. Pursuant to Rule 707(d)(6) and (7), in the Statement, the attorney must undertake to become familiar with relevant practice and professional conduct rules and must submit to the disciplinary authority of the Supreme Court of Illinois. The ARDC may initiate disciplinary or unauthorized practice of law action related to the attorney (Rule 707(j)).
Rule 707(c) provides that permission is required for appearances before a court or a court-annexed ADR body or before a government agency or an administrative tribunal if the representation constitutes the practice of law or the tribunal requires that a representative be an attorney. The rule does not exempt attorneys from compliance with other requirements of an agency or administrative tribunal that are authorized by statutes of the State of Illinois and do not conflict with Rule 707. Rule 707 permission is required to appear in pretrial matters or to conduct discovery, except for depositions, in an Illinois proceeding. The appeal or review of a proceeding before a different tribunal is a separate proceeding (Rule 707(c)).
The amended rules require service of the verified Statement on all parties to the proceeding entitled to notice and on the ARDC (Rule 707(d)), payment of a nonrefundable $250 for each proceeding (Rule 707(f)), annual ARDC registration (Rules 707(h) and 756(a), and payment of an annual $105 registration fee to the ARDC (Rule 756(a)(1)), except that no fee is due from an attorney providing certain pro bono services or representing the federal government (Rules 718(f) and 756(a)(1)). The attorney may serve the verified Statement and additional required disclosures upon the ARDC by email at Rule707@iardc.org. Following the ARDC’s review of the submission for compliance pursuant to Rule 707(g), the ARDC will assign the attorney an ARDC number, post public contact and permission-related information regarding the attorney on the searchable Lawyer Search section of ARDC’s website at www.iardc.org, and issue an ID card to the attorney.
Permission under Rule 707 extends throughout the attorney’s practice in the proceeding, subject to earlier termination by a court on its own motion or upon motion of the ARDC (Rule 707(a) and (f)). Pursuant to Rule 707(e), the attorney must report to the ARDC the conclusion of the attorney’s practice in the proceeding.
Amended Rule 707 applies prospectively. Out-of-state attorneys permitted to appear in a proceeding on or before June 30, 2013 need not comply with these new requirements for those earlier proceedings, but must comply with these new requirements when seeking permission to appear on or after July 1, 2013.
Amended Rule 707 does not affect the longstanding practice under which an out-of-state attorney authorized to practice law in another United States jurisdiction is permitted to provide legal services at a deposition in an Illinois proceeding without need of separate Rule 707 permission, if the out-of-state attorney is assisting an attorney whose appearance in the proceeding is authorized, regardless of the location of the deposition. The out-of-state attorney is subject to the disciplinary jurisdiction of the Supreme Court of Illinois (Supreme Court Rules 751(a), 752(a) and (b), 779(a) and Rule 8.5 of the Illinois Rules of Professional Conduct). The longstanding practice is consistent with Rule 5.5 of the Illinois Rules of Professional Conduct. This practice does not permit an out-of-state attorney to file an appearance or to provide legal services before the tribunal, including the filing of any pleading, motion, or other document, without obtaining Rule 707 permission.
Rule 5.5 of the Illinois Rules of Professional Conduct continues to permit an out-of-state attorney to provide legal services in other contexts in Illinois.
For further information about Rule 707, contact the ARDC at 312-565-2600 or at Rule707@iardc.org.