Unauthorized practice of law

[tallguy201]

What is the name of your state (only U.S. law)? Illinois

In an ongoing case as well as previously filed cases I have a husband representing his wife. He is obviously writing her motions as her motions refer to her as "She" and "Her" rather then I or by using her name.
He has also argued in court that he can represent his wife, even though he is told he cannot he continues to do so.

Is this a crime in Illinois??

If so what authority should be notified??

Thanks in Advance

 

[tranquility]

Tell it to the judge.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Illinois

In an ongoing case as well as previously filed cases I have a husband representing his wife. He is obviously writing her motions as her motions refer to her as "She" and "Her" rather then I or by using her name.

This is NOT proof of UPL. Many motions are written in third person -- I write all of my motions in the third person and never refer to myself by "I" in motions/complaints. That is NOT proof of anything.

He has also argued in court that he can represent his wife, even though he is told he cannot he continues to do so.

Since he argued and was told he couldn't, has he attempted to do so?

Is this a crime in Illinois??

If so what authority should be notified??

Thanks in Advance

You could try reporting it to the bar association or Supreme Court of Illinois.

 

[latigo]

705 ILCS 205/1)Ch. 13, par. 1

"Sec. 1. No person shall be permitted to practice as an attorney or counselor at law within this State without having previously obtained a license for that purpose from the Supreme Court of this State.

The remedies available include, but are not limited to: (i) appropriate equitable relief; (ii) a civil penalty not to exceed $5,000, which shall be paid to the Illinois Equal Justice Foundation; and (iii) actual damages. Such proceedings shall be conducted in the Courts of the respective counties where the alleged contempt has been committed in the same manner as in cases of indirect contempt and with the right of review by the parties thereto.

The provisions of this Act shall be in addition to other remedies permitted by law and shall not be construed to deprive courts of this State of their inherent right to punish for contempt or to restrain the unauthorized practice of law."

 

[Zigner]

Are you suing both the husband and the wife?

 

[tallguy201]

Yes

I am suing both the husband and wife. The husband has sued Pro Se at least 15 cases in the last 7 years and always includes his wife's name in the proceedings. His wife never appears in court and never signs documents.
My current case is for abuse of process and his wife is first named defendant.
For this one she does show up in court but he does all of the talking.
I'm sure when we depose the wife about her "Motion for summary judgment and to enter judgment against the plaintiff" we will find she has absolutely no knowledge. Of course just by the heading on the motion you could imagine what it contains and will last about 2 seconds before the judge..

This is a fun but costly case with a Pro Se Moron to say the least. The man claims to make $200.00 an hour yet claims he cannot afford an attorney???

 

[Zigner]

I am suing both the husband and wife. The husband has sued Pro Se at least 15 cases in the last 7 years and always includes his wife's name in the proceedings. His wife never appears in court and never signs documents.
My current case is for abuse of process and his wife is first named defendant.
For this one she does show up in court but he does all of the talking.
I'm sure when we depose the wife about her "Motion for summary judgment and to enter judgment against the plaintiff" we will find she has absolutely no knowledge. Of course just by the heading on the motion you could imagine what it contains and will last about 2 seconds before the judge..

This is a fun but costly case with a Pro Se Moron to say the least. The man claims to make $200.00 an hour yet claims he cannot afford an attorney???

The husband is allowed to do what he is doing.

 

[tallguy201]

Answer

Hi Zig,

although I appreciate your answer it is incorrect.

A husband may not represent his wife Pro Se "for oneself" in a proceeding.
This has already been established in the Illinois court system.

I'd like to represent my wife in my divorce, she wouldn't have to know about any of until it was over...LOL

My question is for the State of Illinois, is this a criminal act??

If so how do I report it.

Thanks,

 

[tranquility]

(750 ILCS 65/2) (from Ch. 40, par. 1002)
Sec. 2. Defending in own right or for other. If husband and wife are sued together, either may defend for his or her own right and, if either neglects to defend, the other may defend for both.
(Source: P.A. 87‑286.)

 

[Zigner]

(750 ILCS 65/2) (from Ch. 40, par. 1002)
Sec. 2. Defending in own right or for other. If husband and wife are sued together, either may defend for his or her own right and, if either neglects to defend, the other may defend for both.
(Source: P.A. 87‑286.)

Thanks Tranq - things are really hopping here and I didn't have a chance to pull it up

 

[tallguy201]

Thank You

I appreciate it...

The defendants don't seem to know this and since both defendants have filed appearances there would be no neglect to defend.

They have both filed motions separately, yet he is writing all of them.

He is also representing her as a plaintiff as well.

Thanks for the answers.

I appreciate the help.

 

[Zigner]

I appreciate it...

The defendants don't seem to know this and since both defendants have filed appearances there would be no neglect to defend.

They have both filed motions separately, yet he is writing all of them.

He is also representing her as a plaintiff as well.

Thanks for the answers.

I appreciate the help.

Concentrate on the facts of your case and don't get side-tracked trying to nail the other folks for procedural errors.


You're welcome.

 

[tranquility]

(Clears throat, again.)

Tell it to the judge.