James Needles - ARDC Of The Illinois Supreme Court, A filed complaint against attorney Martha A. Pagliari made to look like a simple letter of communication Chicago Illinois

Neither of the above comments is exactly true about what the Illinois ARDC does.  I am an Illinois attorney, so let me help you both out a bit.

First of all, I'm not sure an attorney must identify themselves as an attorney if they are not acting in that capacity.  Just as when you meet someone on the street and tell them you engage in some illegal activity, when it turns out they are a cop you can't complain.  If the persons job title is "insurance adjustor" that is a position that does not require a bar license so it is irrelevant to an insurance claims process.

I'm not certain why the person thought that an insurance adjustor must disclose a bar license.  How does that help or hinder the process?  Did she ask the adjustor and the adjustor lied?  Perhaps all the IARDC did then was instruct the insurance adjustor not to do that and nothing came from it.

With respect to the woman that made complaints to the IARDC about a soon to be ex husband, the poster does not relay any information that suggests that any action that should be taken.  Divorce is not grounds for a bar complaint, nor are custody issues, child support payment disputes, visitation, etc.  Wilfully unpaid child support IS an issue to report.

The IARDC is empowered to take action against attorneys that neglect client matters, do not file lawsuits as promised, do not show up in court for status calls, hearings, etc.  In the worst cases, an attorney may have stolen funds or betrayed a client confidence of importance.  In such cases, an initial complaint will be referred to an Inquiry Board, the Inquiry Board can then vote to issue a formal complaint against an attorney, and then the complaint will proceed thru the discovery process, depositions, expert witnesses and a trial or hearing on the merits.  At that stage, a hearing Tribunal can recommend to the Illinois Supreme Court the attorney be censured, suspended or disbarred.  Next step is a Review Board and oral argument.  Final step is an appeal to the Illinois Supreme Court.  Only the Illinois Supreme Ct issues and takes away bar licenses in the end.

So, it is incorrect to say the IARDC does not discipline, suspend or even disbar attorneys.  You have to understand what is consider an ethical breach and what is not.  Fee disputes are generally an issue for a normal courtroom and not the IARDC.  If you lose your case or trial, it may not be the attorney's fault or an ethical breach, but most criminal defendants will blame the attorney and file a complaint.

I haven't seen anything in the above posts that warrants concern.  Failing to show up at hearing or trial, file briefs on time without extensions, etc. can warrant discipline.  Stealing money, etc. is also another issue.  Not responding promptly to emails or faxes I think is an issue, but I think the IARDC doesn't have as much of a problem with that as I do.

All Illinois attorneys pay dues to register with the Illinois Attorney Registration & Disciplinary Commission. The same agency (ARDC) also handles all attorney disciplinary complaints.  Since the dues paid by all Illinois attorneys appear to be paying for the overhead and salaries of the ARDC employees there appears to be an obvious conflict of interest.

Unless there is a court judgment or ruling against an attorney or law firm the ARDC lacks standing and has no power to sanction or otherwise discipline in any shape or form an attorney or law firm accused of wrong doings by an individual and/or former client.

I too filed several complaints a while back against my then soon to be ex husband, an Illinois attorney. Mr. Needles responded to the various issues I had contacted the ARDC about. He was the only person handling my concerns. I assumed since he had taken on my first complaint that he then was giving all subsequent complaints. I did not know at the time that he was or is the only person handling claims.

After receiving a complaint and without any prior court's findings, all this office can do is forward your complaint to the attorney or law firm who you are complaining about. They then have a chance to respond to your claims. This responds will then be forwarded by Mr. Needles to you the complaining party.

Unless there was prior legal action taken and a judgment entered, this will be the end of the rope.

The ARDC is not and cannot serve as a protector of the public from unscrupulous attorneys. They have no power to initiate legal proceedings or to penalize or sanction.

Once there is a judgment or final court ruling in a case, the ARDC can take further action to remove a license. But this is only possible when there is a court decision with specific findings against a given attorney or law firm. 

The public is being mislead in believing that the ARDC is there to assist, help and protect the public against unethical attorneys.