A Win for All Lawyers in Illinois

The Judge in ISBA v. IDFPR Issues Order Against
“Unlicensed Appraisal of Real Estate” Prosecutions

As you know, the Illinois Real Estate Lawyers Association has been closely following the litigation that ensued after the Illinois Department Financial & Professional Regulation (IDFPR) instituted disciplinary proceedings against two lawyers who filed property tax appeals on behalf of their client but who did not use appraisals (in filing appeals, IDFPR alleged that the lawyers engaged in the “unlicensed appraisal of real estate”).

The prosecutions should have been concerning to all lawyers in our state, irrespective of whether they practice in the area of property tax — as it appeared to be an attempt to regulate lawyers who, in their ordinary course of representation, make arguments on behalf of clients.

The Illinois State Bar Association filed suit against IDFPR on July 11, 2017. The suit was brought in Cook County (2017-CH-09418) and has been most recently before Hon. Raymond W. Mitchell.

Earlier today, the judge in the case issued a very thoughtful order that includes:

The Court issues a writ of prohibition against Defendants preventing them from initiating, maintaining, or threatening a prosecution of an attorney licensed to practice in the State of Illinois for engaging in the submission of a comparison of properties or income approach valuation by a property tax attorney in a real estate tax assessment proceeding. (Count III).