In Illinois, the absolute litigation privilege provides litigators with broad protection for statements made in the course of representing clients. But that protection has limits every trial lawyer should understand. At its core, the doctrine shields attorneys from civil liability for allegedly defamatory statements made in connection with a judicial proceeding, so long as those communications are pertinent to the case. Illinois courts describe the privilege as “absolute” because it applies even if the plaintiff claims the lawyer acted with malice or used harsh language. The goal is to allow lawyers to advocate vigorously, communicate candidly with courts and clients, and develop the record without constantly looking over their shoulder for defamation suits.

Illinois Rule 756(e) sets the disclosure baseline for nearly every Illinois lawyer by requiring you, during annual ARDC registration, to report whether you carry professional liability (malpractice) insurance. If you’re uninsured and in private practice, you must complete the PMBR Self-Assessment on a biennial schedule to remain eligible to register.

The ARDC PMBR is Illinois’ proactive self-assessment program that helps lawyers strengthen practice management, ethics, and client safeguards. Built and administered by the Attorney Registration & Disciplinary Commission (ARDC), the PMBR Self-Assessment offers a free, interactive path to identify risk, document better procedures, and earn professional responsibility MCLE credit.

Legal malpractice defense mistakes can jeopardize an attorney’s ability to mount a strong response when facing scrutiny or a claim. Seemingly routine actions can have unintended legal consequences, such as turning over a file without keeping a copy, responding to a subpoena without legal guidance, or sitting for a deposition prematurely.

Starting a law firm in Illinois requires a comprehensive understanding of the legal, business, and regulatory steps involved. Whether you are a seasoned attorney or newly licensed, setting up your practice successfully starts with a strategic plan.