Legal Question in Workers Comp in Illinois
can a law clerk do a status call? Specifically, in Chicago, can a 2L law clerk go to a workers comp status call to ask the arbitrator for a continuance if the attorney has a scheduled trial and all parties have received a petition for continuance? I'm told its common for attorneys to send their law clerks to do routine status calls, but a continuance or asking to be put back on status call seems a little less routine. The consequence is that if the arbitrator denies the continuance, either the case will be dismissed or I will have to agree to a trial date over the next week to 3 weeks. This doesn't seem routine b/c the case has been pending for so long that without a continuance or trial date set at this particular status call, the case will be dismissed.
2 Answers from Attorneys
No and what is common is not appropriate, but if you want something more definitive you can call Illinois ARDC and speak to an attorney if you need backup for the position.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
You are right-this is not a proper thing to have you do. You will have to decide how to deal with this issue and how you will approach your attorney with the fact that he or she has asked you to do something that is not entirely proper--
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