Kathryn Hensley is Senior Program Manager at the Administrative Office of the Illinois Courts, Access to Justice Division

A program makes it possible for people without lawyers to get help with their civil appeal throughout Illinois. Free Legal Answers for Civil Appeals is a virtual help desk. It connects people to attorneys who can provide legal guidance and advice. This post summarizes some important aspects of the program.

What is a civil appeal?

If you are a litigant who received a decision that you don’t agree with, you may be able to file an appeal. You may be able to appeal from an order or judgment from a circuit court. You also can appeal certain administrative agency decisions. You must appeal shortly after your case is decided. 

An appeal is a review by an appellate court. That court reviews the circuit court or administrative agency’s judgment or order. It will determine if any legal errors were made in those proceedings. It is not a new trial or a chance to present new witnesses or evidence.  Appeals are almost entirely done in writing. The court will review:

• The case record
• Transcripts
• Legal arguments made in appellate briefs

You have the right to file an appeal with or without the assistance of a lawyer.  However, you should know that appeals are difficult. Appeals are governed by strict deadlines and your appeal must be filed on time. Otherwise, you may lose your right to file an appeal. You will need to follow all rules and deadlines that a lawyer would follow. You will need to conduct legal research and write a strong argument in your brief. The brief explains to the appellate court why the original court or agency made the wrong decision. 

The need for legal help with a civil appeal

Many litigants in Illinois cannot afford a lawyer. There are also no organizations that specifically offer free legal representation for an appeal (unless the legal aid organization already represented you in your circuit court case).  Recent statistics show that in 2019, a total of 3,239 civil appeals were filed.  Of those appeals, 1,330 were filed by people without lawyers. That represents 41 percent of overall civil appeal filings statewide.

Resources available to help with a civil appeal

The Administrative Office of the Illinois Courts’ Appellate Resource Program has many resources on its website to help people who are representing themselves in an appeal. If you want to learn more about appeals, you may want to start here. You can find information about civil appeals, including:

• General Case Information
• Statewide Forms and Instructions
• Legal Assistance Resources
• Frequently Asked Questions on Every Step in an Appeal
• Appellate Guides and Overviews
• How-to Video Series on Civil Appeals
• Resources for Conducting Legal Research
•  E-filing Manuals

Illinois Free Legal Answers for Civil Appeals

Free Legal Answers is a national program of the American Bar Association. It is run by the Public Interest Law Initiative (PILI) in Illinois. It is a virtual legal advice clinic for civil legal issues. Historically, the help desk only accepted questions about cases in the circuit court. Now, you can now submit a question about a civil appeal. Questions about criminal appeals and federal appeals are not accepted. People who do not have a lawyer can submit a question about their civil appeal and have it answered for free by a volunteer lawyer. This is the first-ever free legal help desk for appeals in our state. 

Who can use Illinois Free Legal Answers for Civil Appeals?

Lower-income Illinoisans may submit up to 3 legal questions per year after qualifying.  To qualify, you must:

• Have household income below 250% of the federal poverty line; 
• Have less than $10,000 in assets; 
• Not be incarcerated;
• Be at least 18 years old;
• Have a civil legal question (not a criminal appeal); and
• Not be represented by a lawyer.

How does it work?

You can qualify for the program by:

• Answering income questions on the website,
• Signing a user agreement,
• Creating a username and password, and
• Submitting a question under the “Civil Appeals” category by providing facts about your appeal.  

You can also attach files or images to your post. For example, it would be helpful to include a copy of the final order or judgment that you are appealing. You should also include any other documents that would help a lawyer understand the background of your case. If you have an upcoming deadline for your appeal, you should list that date in your question.

Up to three questions can be submitted per year. You can think of the “three questions” more like back-and-forth conversations. You can ask as many questions within that conversation as you wish, so long as there is communication within a 10-day time period. oOtherwise, the question will close after 10 days of no communication. A lawyer will answer all questions through the website. There are no phone calls or in-person meetings. 

Once your question is submitted, a volunteer lawyer will respond within 10 days (or fewer). The lawyer may also pose a question or ask for clarification from you. So, it is important to regularly check the email address you used to register for the program. 

Are there limits on what the lawyers can do?

Lawyers volunteering for the program cannot do the following:

• Serve as your lawyer in your case or go to court with you,
• Conduct legal research for you,
• Make calls or attend meetings for you, 
• Change an order signed by a judge,
• Give advice about federal appeals or criminal appeals, or 
• Help you if you already have a lawyer. 

If you have any questions about resources listed in this post, please contact the Appellate Resource Program at: [email protected] or call (312) 793-2013.