Illinois Shifts to Discretionary Application Of ‘Nullity Rule’ for Corporate Officer’s UPL

Nov. 21, 2012, 5:00 AM UTC

A deeply divided Illinois Supreme Court Nov. 1 concluded that a nonlawyer corporate officer’s unauthorized practice in filing administrative appeals on behalf of his company did not warrant their dismissal (Downtown Disposal Services Inc. v. Chicago, Ill., No. 112040, aff’g 27 Law. Man. Prof. Conduct 120).

The court split 4-3 in holding that a multifactor test, rather than a per se “nullity rule,” applies when a nonlawyer has tried to take legal action on behalf of a corporation. The nullity rule should be invoked only when it fulfills the purpose of protecting the public and the court system, and when no alternative ...

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.