Earlier this month, the Illinois Supreme Court and the Supreme Court Executive Committee on the Practice of Law adopted three significant proposals that will amend or create new rules aimed at addressing the significant unmet legal need in the state.
The move will impact the way lawyers practice in Illinois, more clearly defining avenues for lawyers to connect with consumers and encouraging more affordable fee agreements. In addition, a pro bono pilot project aims to increase volunteerism and professional development by providing attorneys with CLE credit for providing pro bono legal services.
The proposals, which are outlined below, will take effect on July 1, 2025.
- Regulating Intermediary Connecting Services: Amendments to Illinois Supreme Court Rules of Professional Conduct 1.6 and 7.2 would define “intermediary connecting services” (ICS) and allow attorneys to participate “when certain conditions are met.” ICS connect lawyers to clients, mostly through the internet, making it easier for clients to find a lawyer. Attorneys would be required to “engage in due diligence” to confirm that the ICS meets certain requirements before and during participation.
- Encouraging alternative fee agreements: New Supreme Court Rule 300 Governing Attorney’s Fee Petitions establishes that an alternative fee agreement may be the basis for an attorney’s fee petition and that hourly billing records will be required only under circumstances outlined in the Rule. Alternative fee agreements can improve access to legal services, making costs “more affordable, predictable, and transparent,” the Court says.
- Awarding MCLE for Pro Bono Pilot Project: Under the two-year pilot project, Illinois attorneys will receive CLE credit for pro bono work completed through Illinois Free Legal Answers, a virtual legal clinic administered by the Public Interest Law Initiative. Attorneys can earn one hour of MCLE credit for every two hours of pro bono work with Illinois Free Legal Answers, and up to five credits for every two-year reporting period.
The Executive Committee on the Practice of Law was established in 2023 to address issues impacting the practice of law and unmet legal needs in Illinois, including the cost of legal services.
Illinois Supreme Court Chief Justice Mary Jane Theis wrote in the Illinois Courts’ newsletter “Courts Connect” that trial courts across the country have found consistently that 75% or more of all civil cases have at least one self-represented litigant.
This has corresponded with a “troubling drop in new civil cases,” Chief Justice Theis wrote, characterized by a decrease of 40% in civil filings from pre-pandemic case levels.
“Simply put, where are the plaintiffs?” Theis wrote.
The Executive Committee consists of 13 members from across Illinois who were appointed by the Illinois Supreme Court, including Commission on Professionalism Chair John Kim.
Eliminating fees in minor guardianship and small claims cases
In a separate announcement also focused on improving access to justice in Illinois, the Supreme Court announced on April 16 amendments to M.R. Order 2974 eliminating filing and appearance fees in minor guardianship cases and appearance fees in small claims cases. The amendments are effective October 1, 2025.
The changes are aimed at removing the “undue financial burden on self-represented litigants” in minor guardianship cases, which, under previous rules, required a filing fee for each case when a petitioner filed a separate guardianship petition for each minor.
In addition, the Court hopes to encourage defendant participation in small claims cases by removing barriers to participation as a result of the appearance fee. The amended order does not impact the filing fees for a complaint initiating a small claims case.
The amendments were proposed by the Commission on Access to Justice’s Forms Committee and Consumer Debt Committee.
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