Rule 718 Provision of Legal Services Following Determination of Major Disaster

(a) Determination of existence of major disaster. Solely for purposes of this rule, this Court shall determine when an emergency affecting the justice system, as a result of a natural or other major disaster, has occurred.

(b) Temporary practice in this jurisdiction following major disaster. Following the determination of an emergency affecting the justice system in this jurisdiction pursuant to paragraph (a) of this rule, or a determination that persons displaced by a major disaster in another jurisdiction and residing in this jurisdiction are in need of pro bono services and the assistance of lawyers from outside of this jurisdiction is required to help provide such assistance, a lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction by reason of discipline, resignation with charges pending, permanent retirement, or disability inactive status, may provide legal services in this jurisdiction on a temporary basis. Such legal services must be provided on a pro bono basis without compensation, expectation of compensation or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be assigned and supervised through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) specifically designated by this Court.

(c) Temporary practice in this jurisdiction following major disaster in another jurisdiction. Following the determination of a major disaster in another United States jurisdiction, a lawyer who is authorized to practice law and who principally practices in that affected jurisdiction, and who is not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction by reason of discipline, resignation with charges pending, permanent retirement, or disability inactive status, may provide legal services in this jurisdiction on a temporary basis. Those legal services must arise out of and be reasonably related to that lawyer’s practice of law in the jurisdiction, or area of such other jurisdiction, where the major disaster occurred.

(d) Duration of authority for temporary practice. The authority to practice law in this jurisdiction granted by paragraph (b) of this rule shall end when this Court determines that the conditions caused by the major disaster in this jurisdiction have ended except that a lawyer then representing clients in this jurisdiction pursuant to paragraph (b) is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation, but the lawyer shall not thereafter accept new clients. The authority to practice law in this jurisdiction granted by paragraph (c) of this rule shall end 60 days after this Court declares that the conditions caused by the major disaster in the affected jurisdiction have ended. If the attorney determines to cease providing legal services pursuant to this rule before the expiration of the duration of authority under this paragraph, the attorney shall so notify the Administrator of the Attorney Registration and Disciplinary Commission (ARDC) within 30 days of the cessation of those services.

(e) Legal services in proceedings in Illinois. The authority granted by this rule permits the provision of legal services in proceedings within Illinois only as follows: (1) by permission under Rule 707; or (2) if this Court, in any determination made under paragraph (a), grants blanket permission to provide legal services in all or designated proceedings in this jurisdiction to lawyers providing legal services pursuant to paragraph (b).

(f) Disciplinary authority and registration requirement. Lawyers providing legal services in this jurisdiction pursuant to paragraphs (b) or (c) are subject to this Court’s disciplinary authority and the Rules of Professional Conduct of this jurisdiction as provided in Rule 8.5 of the Rules of Professional Conduct. Lawyers providing legal services in this jurisdiction under paragraphs (b) or (c) shall, within 30 days from the commencement of the provision of legal services, submit a statement to the Administrator of the ARDC pursuant to paragraph (h) below, unless all of the lawyer’s legal services authorized under this rule are also permitted under Rule 707, in which case the attorney need only register annually with the ARDC. Any lawyer who provides legal services pursuant to this rule shall not be considered to be engaged in the unlawful practice of law in this jurisdiction.

(g) Notification to clients. Lawyers authorized to practice law in another United States jurisdiction who provide legal services pursuant to this rule shall inform clients in this jurisdiction of the jurisdiction in which they are authorized to practice law, any limits of that authorization, and that they are not authorized to practice law in this jurisdiction except as permitted by this rule. They shall not state or imply to any person that they are otherwise authorized to practice law in this jurisdiction.

(h) Statement of Attorney. The statement of the attorney shall include: (1) the attorney’s full name and the attorney’s addresses, e-mail addresses, and telephone numbers at which the attorney may be reached for business purposes arising from legal services provided pursuant to this rule; (2) the names of any law firms or other places of business from which the attorney was practicing law at the time of the declaration of the mass disaster and the business addresses and business e-mail addresses and telephone numbers for each such entity; (3) the names of the United States jurisdictions in which the attorney has been admitted to practice law and the identification number assigned to the attorney by each such jurisdiction. For purposes of the statement, the attorney need only submit information about the jurisdiction upon which the attorney relies for eligibility under this rule and any other and all other admissions in any state of the United States or the District of Columbia; (4) if the attorney is eligible to provide legal services pursuant to paragraph (b), the name, address, telephone number, and e-mail address of the organization that will assign and supervise the attorney’s provision of legal services pursuant to paragraph (b) of this rule; and (5) if the attorney is eligible to provide legal services pursuant to paragraph (c), a copy of the determination of the mass disaster in that jurisdiction. The attorney shall provide the ARDC with updated information within 30 days of any change in the information required in the statement of the attorney. Statements and updates required by this rule may be submitted electronically.

(i) Administrator’s Review of Statement. Upon receipt of a statement of an attorney or upon receipt or notice of other information bearing on the attorney’s eligibility under this rule, the Administrator shall conduct an inquiry to determine the attorney’s eligibility for permission to provide legal services under this rule. It shall be the duty of the attorney to respond expeditiously to requests for information from the Administrator related to an inquiry under this section. If the Administrator determines that the attorney is no longer eligible to provide services under this rule, the Administrator shall terminate the permission of the attorney to provide those legal services. The decison to terminate permission is subject to review by the Court upon motion of the attorney. The termination of permission shall not be a bar to disciplinary proceedings arising from the facts upon which the termination is based.