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.

Starting July 1, 2025, Illinois attorneys will have a new reason to consider volunteering their legal services: the Supreme Court’s MCLE for Pro Bono Pilot Project will allow them to earn continuing legal education (CLE) credit for time spent helping underserved clients through Illinois Free Legal Answers.

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.

Illinois client trust accounting is a critical area of compliance for legal professionals, and the recent amendments to the Illinois Rules of Professional Conduct have reshaped how attorneys must handle funds. Effective July 1, 2023, the Illinois Supreme Court implemented substantial revisions to Rule 1.15, breaking it into several more focused rules, including Rules 1.15A and 1.15B. These changes aim to simplify language, promote better understanding, and provide detailed, structured guidance on maintaining trust accounts.

Understanding Illinois legal malpractice is not just necessary but a powerful tool that every law firm owner can use to protect their firm and clients.