Ethics Question of the Week: Can I be sued for making a UPL complaint?
Q. Am I exposed to any civil liability for making a Himmel report or making a complaint to the ARDC about someone engaging in UPL?
A. Illinois Supreme Court Rule 775 provides that “any person … who communicates a complaint concerning an attorney or allegations regarding the unauthorized practice of law to the ARDC… shall be immune from all civil liability which, except for this rule, might result from such communications or complaint.”
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.
Member Comments (1)
The old saying goes that you can sue the bishop of Boston for bastardry, but you won't win. Same thing, it seems to me, with any liability for filing an ARDC complaint, even if it doesn't result in any sanction against the lawyer about whom you are complaining.