A recent judgment by the Appellate Court of Illinois, First Judicial District, has changed the way property owners and corporations must approach their representation at administrative hearings in the City of Chicago and throughout the state.

The City of Chicago has practiced a more relaxed proceedings process as a result of a series of enactments over the last 20 years that moved ordinance enforcement hearings to the local administrative level. But the May 12, 2014 building code violation appellate case of Stone Street Partners, LLC v. The City of Chicago Department of Administrative Hearings determined that non-attorney representation was no longer acceptable in administrative hearings.

Does this ruling affect you?

If you are a property owner or business owner, this ruling may affect you. Prior to the judgment of this case, many property owners and corporations appeared at administrative hearings without legal representation. They chose rather to represent themselves or seek the assistance of non-attorney professionals such as paralegals who were authorized to sign contracts and appear as their proxies.

At this time, as is the case in circuit courts and other judicial proceedings, presiding officials can stop proceedings and grant continuances for the purpose of obtaining counsel. Property owners and corporations summoned to administrative hearings must now seek legal representation prior to appearing, even in minor code violation hearings.

If you are a property owner or have interest in property ownership, you should prepare yourself for any potential appearances by discussing this case and resulting judgment with your attorney. If you don’t have an attorney, you should seek a reputable firm experienced in handling this type of law in the state of Illinois. Discuss the process for seeking assistance if you are required to appear at an administrative hearing for any reason.

What services will an attorney provide in an administrative hearing case?

While this new requirement for representation might at first appear to be an inconvenience or added cost for some individuals or corporations, there are many areas where the expertise and qualifications of an attorney are required.

Some of the services you can expect to receive when working with qualified legal counsel are:

• Drafting motions – Non-attorney professionals such as paralegals are not qualified to draft motions, and this is not a step in the process that you can successfully complete alone.

• Interpreting Laws and Motions – While you can review motions and research laws on the Internet, a qualified attorney can accurately interpret existing laws and apply them to your situation. An attorney can guide you through the hearing process and let you know what to expect.

• Securing, Admitting, or Objecting to Evidence – Again, you will not have the level of experience and expertise that an attorney has when it comes to properly admitting evidence on your behalf or objecting to evidence.

• Interviewing Witnesses – Your attorney will effectively question any witnesses on your behalf and ensure that the appropriate statements are taken to support your case. If there are witnesses prepared to testify against you, your attorney will know what questions to ask them to help minimize any negative information that could harm your case.

How do I find a qualified law firm?

If you find yourself in need of legal representation for an administrative hearing, contact an attorney as soon as possible. EV Has Law helps Illinois property owners and businesses navigate this complex process. Call us today at (312) 775-0980 to set up a consultation to discuss your case with an attorney.