Ethics Question of the Week: Can a lawyer avoid discipline by changing registration status?

Q. Can a lawyer avoid disciplinary proceedings by changing his or her registration status to inactive or retired?

A. Supreme Court Rule 756(i) provides that changing registration status will have no effect on disciplinary proceedings.  However, in some cases and with the consent of the ARDC, a lawyer facing certain disciplinary charges can seek to be placed on “permanent retired status” under Supreme Court Rule 756(a)(8) resulting in the closure of any pending disciplinary investigation or dismissal of any pending disciplinary proceeding.  

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.]