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The Supreme Court Committee on
Professional Responsibility
By William R. Quinlan All attorneys, regardless of the type of law they practice, have a duty to act ethically. This ethical duty should be the foundation of all attorney conduct. In Illinois, the ethical conduct of attorneys is regulated by the Illinois Rules of Professional Conduct which were adopted in 1990 to replace the Illinois Code of Professional Responsibility. These rules are an essential element to ensure and maintain public confidence in our legal system. The practice of law continues to expand and diversify. Efforts therefore, must continually be undertaken to ensure attorney conduct remains rooted in principles of ethical conduct and professional responsibility. As a result, the Illinois Supreme Court created a Committee on Professional Responsibility to ensure that regulation of attorney conduct in Illinois was consistent with the ever changing practice of law. The Committee was initially created on April 12, 1978, by order of the Illinois Supreme Court. In the twenty years since its inception, the Committee has grown from 12 members to its current total of 17 members. The Illinois Supreme Court appoints a Chairperson for a three-year term. Justice Mary Ann McMorrow serves as the liaison between the Committee and the Illinois Supreme Court. The current members of the Committee include judges, such as, Daniel D. Doyle of the Second District Appellate Court, and Sophia H. Hall, Presiding Judge of the Circuit Court of Cook County Juvenile Justice & Child Protection Division, as well as 15 attorneys from throughout Illinois who work in the public, private, and academic sectors. Thomas More Donnelly, an adjunct Professor of Law at Loyola School of Law, was recently reappointed as Committee Reporter, a position he has held since 1996. James J. Grogan, Chief Counsel of the Attorney Registration and Disciplinary Commission, regularly attends each Committee meeting to provide input to ensure conformance between the Illinois Rules of Professional Conduct and the Rules of the Attorney Registration and Disciplinary Commission and its procedures. Richard A. Redmond (Chicago) is the immediate past Chair of the Committee. He served as Chair from November, 1993 - November, 1997. The Committee is composed of the following attorneys from throughout Illinois: Morris B. Chapman (Granite City), Michael W. Coffield (Chicago), Mark T. Hechinger (Naperville), Donald Hubert (Chicago), Professor Vincent F. Vitullo (Chicago), J. Steven Beckett (Urbana), Angela Imbierowicz (Hinsdale), Carolyn Gerard Quinn (Chicago), F. Louis Behrends (Peoria), Eugene F. Friedman (Chicago), Paula H. Holderman (LaGrange), Cornelia Wallis Honchar (Chicago), Carol McCormick (Chicago), and Bruce R. Meckler (Chicago). All the current Committee members are appointed by the Illinois Supreme Court for terms expiring on either December 31, 1998, December 31, 1999, or December 31, 2000. The Brief’s Editor, Steven B. Levy, a member of the Supreme Court Rules Committee, is a past member of this Committee. The Committee proposes revisions to Illinois Rules of Professional Conduct or reviews specific proposals at the request of the Illinois Supreme Court. As one of its’ responsibilities, the Committee consistently revisits the Rules of Professional Conduct to ensure that the rules continue to articulate and incorporate the standards of ethical behavior that each practitioner must abide by. Ill. S. Ct. R. 3(d)(1). For example, beginning in 1986, the Committee undertook a two-year project which involved drafting the current Rules of Professional Conduct, modeled after the American Bar Association’s Model Rules of Professional Conduct, as a replacement for the then existing Code of Professional Responsibility. Although the Committee on Professional Responsibility considers matters as requested by the Illinois Supreme Court, the Committee is also charged with reviewing any proposal or amendment regarding the Rules of Professional Conduct submitted by any member of the bench, bar or public. Ill. S. Ct. R. 3(d)(2). The Supreme Court has also established a Rules Committee which receives proposals or amendments to existing rules. Ill. S. Ct. R. 3(c)(1). Whenever a submission to the Rules Committee involves an issue governed by the Rules of Professional Conduct, that submission is forwarded to the Committee on Professional Responsibility. Ill. S. Ct. R. 3(c)(1)(A). The Committee on Professional Responsibility has twelve months from receipt of the proposal or amendment to report to the Rules Committee as to whether to recommend to the Supreme Court whether the proposal should be adopted. Ill. S. Ct. R. 3(d)(2). The Professional Responsibility Committee must provide the Rules Committee with a statement of its reasoning supporting either a decision to recommend a proposal or a decision to recommend against its adoption. Id. If the Committee on Professional Responsibility recommends that the Court adopt a proposal, the matter is then scheduled for the agenda of the Rules Committee’s annual public hearing, and, any public response to that proposal will be included in the Rules Committee’s annual report to the Court. Id. Currently, the main focus of the Committee on Professional Responsibility is the drafting of comments for the current Rules of Professional Conduct. Although the Committee modeled the current Rules of Professional Conduct after the American Bar Association’s Model Rules, the Committee did not adopt the ABA’s Comments as part of the Illinois rules. Hence, when the sub-committee’s work is completed, Illinois practitioners will have the benefit of helpful comments regarding the application and interpretation of the Rules by Illinois courts. Moreover, the comments will inform Illinois attorneys regarding the origin of a rule and its relationship to the prior Illinois Code of Professional Responsibility, as well as noting other provisions of the Illinois rules which are affected by that rule. The comments are further expected to show any differences between the Illinois Rules and the ABA Model Rules and the rules of the federal courts within Illinois. Additionally, the Committee on Professional Responsibility has also empaneled an Illinois Supreme Court Subcommittee on Ethical Issues Involved in Law Firm Dissolutions. This subcommittee has been designated to study the ethical ramifications which arise as a result of the modern trend of increased lawyer mobility and firm break-ups and dissolutions. The Supreme Court Professional Responsibility Committee serves a vital role for all Illinois lawyers. The Committee regularly reviews developments in the law and examines the potential ramifications that those developments may have on the Rules of Professional Conduct. The constant goal of the Committee is to ensure that the Illinois Rules of Professional Conduct clearly articulate a current and realistic standard of ethical behavior for Illinois attorneys to rely upon as a guide for their conduct. Your comments and suggestions are encouraged and welcome. William R. Quinlan is a Principal of Quinlan & Crisham, Ltd., Chicago. He is the Chair of the Supreme Court Committee on Professional Responsibility. His practice is concentrated in Civil Litigation and Appeals. He is a former Justice of the Illinois Appellate Court, First District. |
