
Back in March, Avvo successfully petitioned the New Jersey Supreme Court to obtain the release of licensing data for all New Jersey attorneys. We’re now making a similar request of the Illinois Supreme Court, where that state’s attorney-regulating body (the Illinois Attorney Registration and Disciplinary Commission) has refused to release licensing and sanctions data for Illinois attorneys.
Our issues with Illinois illustrate the lack of transparency that continues to beset the legal industry. The ARDC has specific guidelines providing that it can release its “Master Roll” of attorneys to courts, local bar associations and continuing legal education service providers. The ARDC has apparently decided that this is the limit of its obligation to provide this information in a complete form to the public, and that Avvo, as a commercial enterprise not based in Illinois, is not entitled to the records.
What’s curious is that this isn’t a question of confidentiality. The information Avvo wants is freely available on the ARDC website, but there’s a catch -you’ve got to know the name of an attorney to do a search. In this way, the ARDC is making the information public, but in a functionally obscure way. A consumer can check up on an attorney they are thinking of hiring, but they can’t search the ARDC database for an attorney.
Of course, we’ve got a little internet and data mining expertise here at Avvo, so we were able to access most of the attorney records in the ARDC site and include Illinois as one of the 10 jurisdictions covered by our June, 2007 launch. However, while we’re confident we’ve been able to extract data for 95-99% of all Illinois attorneys, we know we haven’t gotten all of them. In fact, several Illinois attorneys have proactively reached out to us and asked why they did not have profiles on Avvo. The bottom line is that there is no way we can offer consumers and lawyers a complete view of Illinois lawyers as long as we have to run this kind of data extraction program every time we update records.
So why would the ARDC oppose lifting the functional obscurity from data that it already makes public? It could be that the ARDC feels like the specific guidelines provided by the Supreme Court for the release of the Master Roll limit it from providing the data directly to Avvo. It could also be that the ARDC finds it anathema to provide this data to a for-profit business that is not a CLE provider. You would think that the ARDC, which counts among its principal missions the discipline of wayward lawyers, would welcome with open arms Avvo’s offer to publicize ARDC disciplinary decisions. Instead, we’re mired in the question of whether Avvo should have the key - a simple list of names - with which to unlock the data the ARDC already makes public.
Ultimately, the ARDC is playing off the same out-of-date rulebook we’ve encountered in places like New Jersey - the mindset that says the attorney regulators and lawyers should control how much information is available to consumers. We’ve seen these walls come down in industries from travel to real estate - remember when the travel agent would key furiously into a propreitary machine to produce three potential travel itineraries, or MLS data could only be accessed by a realtor? Avvo is trying to bring that same level of access to the legal profession. While I hope entanglements like this will be few and far between, we won’t hesitate to keep fighting them in an effort to bring consumers a comprehensive picture of the legal community.
Josh