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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118237
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have recently filed a complaint of misconduct with the Illinois

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I have recently filed a complaint of misconduct with the Illinois Attorney Registration and Disciplinary Commission, accusing the defendant lawyer of commingling funds. The Commission investigated the matter and reported that no disciplinary action will be pursued. I responded back to the Commission requesting information regarding their investigation - whether or not their investigation found against or for the defendant lawyer. I also requested that the Commission provide all and any documents that may not have been presented during the investigation process. The Commission refused to further cooperate under the guise of not being able to "provide legal advice or assistance." Wherefore, is there any way that I may appeal the Commission's decision in this matter? Is the I-ARDC regulated by any other higher legal body other than just themselves?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The ARDC is under the IL Supreme Court. If they came back with no findings of misconduct, then your recourse if you want the report is you can seek to file suit against the attorney for malpractice and as part of that suit you can subpoena the investigation of the ARDC.

You generally have to go to court to sue the attorney to seek redress if the ARDC refuses to act.

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Customer: replied 3 years ago.

Why is it that the ARDC refuses to cooperate with my request?


I am in the strong belief that the ARDC is, practically, defending this lawyer from disciplinary action and is intentionally hiding these documents (or the lack thereof) to support their defense. Is there any recourse against the ARDC outside of filing a malpractice suit against the lawyer?

Thank you for your reply.

ARDC will respond to the subpoena if it is part of a court case. You can try appealing the ARDC ruling to the Supreme Court, but generally they will refuse to hear the case if ARDC dismissed it. But there is no other recourse against ARDC for them not finding against the attorney.
Customer: replied 3 years ago.

Just to make sure I understand completely:


May the ARDC refuse to provide documents associated with their investigation?


Or are they not allowed to refuse my request?

Thank you for your reply.

Yes, the can refuse to provide you the documents of their investigation unless you file suit against the attorney and serve them with a subpoena.
Customer: replied 3 years ago.

In that case, how am I to trust the ARDC's decision if I'm not allowed to review the documents?


If I were to successfully subpoena their file and I find that there are no documents to support their decision, is there any recourse against the ARDC for making an illegitimate decision?

Thank you for your response.

Their rule is their investigations are kept confidential. The only way to get the documents is in a court action against the attorney. However, the ARDC is immune from suit, the recourse you have is against whatever attorney you have the issue with.
Customer: replied 3 years ago.

So the ARDC's immunity from lawsuits protects them and allows them to make illegitimate decisions if they want to?

Thank you for you response.

You do not know whether their decision was legitimate or illegitimate and also it is not something you have no recourse over. You do have recourse and it is against the actual attorney who allegedly did this.
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