Owners can no longer represent a business. Chicago business owners, take notice. You will no longer be able to represent your corporation in a Chicago code violation case. Likewise, neither employees nor designated officers can represent corporations at administrative hearings in the event of a health, building, or other code violation.
On March 31, 2014 the Illinois Appellate Court ordered that:
On March 31, 2014 the Illinois Appellate Court ordered that:
- A corporation must be represented by a licensed attorney
- A non-attorney can no longer represent a corporation on a code violation case
- The City of Chicago must comply with this court order
This order came about through Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings (2014 IL App (1st) 123654). In its analysis, the court concluded that while non-attorneys including business owners, paralegals, and claims negotiators can represent the corporation in several ways such as in contracts and negotiations, administrative hearings are different. Code violation cases, as opposed to other routine business, may involve "the admission of evidence and examination and cross-examination of sworn witnesses—all of which clearly constitute the practice of law." Stone Street Partners, at p. 7. The City of Chicago, on the other hand, argued that these hearings are "so inconsequential that corporations need not be represented by licensed attorneys." Id. The Court was not persuaded by the City's argument and held that because these hearings involve the practice of law, only licensed attorneys may represent businesses. The unlicensed practice of law is illegal.
If a non-attorney appears before an Administrative Law Judge, he or she will receive one continuance to hire an attorney.
The Law Office of Hugo A. Ortiz is available to represent businesses in Chicago code violations. Please call (773) 376-9800 or submit an online request for assistance with a code violation.
Written by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
If a non-attorney appears before an Administrative Law Judge, he or she will receive one continuance to hire an attorney.
The Law Office of Hugo A. Ortiz is available to represent businesses in Chicago code violations. Please call (773) 376-9800 or submit an online request for assistance with a code violation.
Written by DMM at the Law Offices of Hugo A. Ortiz.
This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
RSS Feed