CBA Record January 2018

LEGAL ETHICS

John Levin’s Ethics columns, which are published in each CBA Record, are now in-

dexed and available online. For more, go to http://johnlevin.info/ legalethics/.

BY JOHN LEVIN New Illinois Supreme Court Rule 9–

More Things to Learn I f you are an attorney practicing in Illi- nois, it would have been hard to miss notice of the adoption of new Illinois Supreme Court Rule 9(a): “Unless exempt as provided in paragraph (c), all documents in civil cases shall be electronically filed with the clerk of court using an electronic filing system approved by the Supreme Court of Illinois.” Starting on July 1, 2017 for proceedings in the Supreme and Appellate Courts and on January 1, 2018 for the circuit courts, everyone must use an approved electronic filing system for all documents in state civil litigation. This requirement raises some interesting ethical issues. The first is the requirement that “ a lawyer should keep abreast of changes in the law and its practice, includ- ing the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” [Rule 1.1, Comment 8] Especially for lawyers brought up in the days of pen and paper (there are a few left), some of the techni- cal details generated by the new rule can appear intimidating. There are many opportunities to learn about the new requirement. Readers have no doubt received numerous notices of CLE programs, including programs at the CBA. The Illinois Supreme Court Com-

ETHICS QUESTIONS? The CBA’s Professional Responsibility Commit- tee can help. Submit hypothetical questions to Loretta Wells, CBA Government Affairs Direc- tor, by fax 312/554-2054 or e-mail lwells@ chicagobar.org. A more difficult question is what about the pro se litigant who does not have or cannot afford a lawyer. One exception from the requirement for e-filing provided in the Rule is: “ [d]ocuments filed by a self- represented litigant incarcerated in a local jail or correctional facility at the time of the filing” [Rule 9(c)1]. Other than this exception, however, there appears to be no other exception applicable to the pro se litigant other than by court order in the individual case. While the court system has never been easy for the layperson to navigate, this new requirement for e-filing puts more barriers in the way of the pro se litigant. I hope that, as time passes, some technical assistance will be provided. HAVING TROUBLE LOGGING IN? To access the members only section on our website, enter your CBA member number as your account number (do not enter any leading 0’s in yourmember number) and then enter your member number followed by your last name (all lower case with no punctuation or spaces) as your password. Forgot your member number? Call 312/554-2135.

mission on Professionalism has offered the details of the new requirement that can be accessed online. One area that appears simple, but has potential complexity, is how to pay filing fees. The Lawyers Trust Fund of Illinois has prepared A Guide to E-filing and IOLTA Accounts . The Guide points out that the new system “ will accept only electronic fee payments via: • Credit cards and debit cards • E-checks, which are paperless transac- tions that are cleared through the ACH (Automated Clearinghouse) network.” In some instances, it may be possible for a firm to arrange for a monthly bill- ing system. If the filing fees are paid with funds advanced by the client, mandatory e-filing presents the question of “which methods of electronic payment may be made from an IOLTA or client trust account.” The Guide discusses methods under which payments using client funds “comply with the requirements of the safekeeping of property rule, Illinois Rule of Professional Conduct 1.15.” In addition to the multitude of technical matters raised by the new rule, there are some broader ethical issues. First, what about fee waivers under Supreme Court Rule 298. These have been preserved. The Guide states: “When a lawyer e-files of behalf of a client who cannot pay the court fees, the lawyer should select “waiver” as the payment option and file a fee waiver application in the same e-filing envelope as the pleading or document. Court clerks should accept documents and fee waiver applications filed in this manner, and the judge hearing the case will rule on the application at a later time.”

John Levin is the retired Assis- tant General Counsel of GATX Corporation and a member of the CBARecord Editorial Board.

46 JANUARY 2018