SUBJECT INDEX
A| B| C| D| E| F| G| H| I| J| K| L| M| N| O| P| Q| R| S| T| U| V| W| X| Y| Z|
A
Accountants
accounting firm
lawyer's acceptance of employment, 760
dual professions
lawyer and accountant, 85-3
letterheads and professional cards
lawyer appearing on, 87-12
Adequate representation
missing client, 03-4
preparation by attorney, 88-1
statute of limitations, 03-4
Administrators of estates
appointment of attorney who contributed to judge's political campaign, 90-25
conflict of interests, 90-25
judges
appointment of administrator, 90-25
Adoptions
attorney as intermediary, 91-14
conflict of interests, 89-9
fees for legal services, 91-14
Advanced expenses
client's medical expenses, 95-6
interest charged to client, 94-6
Adversary system
duty of lawyer to, 87-7
Adverse parties
communications with, see Communications
Advertising, see also Solicitation of business
areas of practice, 702
intellectual property, 96-8
athletic team, sponsorship of, 85-1
billboard, 756
biographical data, 692
books and articles by lawyer-author, 763
contingent fees for corporate clients, 91-13
electronic mail, by, 96-10
labeling advertising as promotional material, 90-22
labeling advertising as such, 84-4
lawyer-author, 763
letterheads
improper, 764
lawyer appearing on accountant's, 87-12
lay employees appearing on, 87-1
suspended attorney appearing on, 865
listing non-legal accreditations, 03-5
mailing written advertising to persons not known to require legal services, 84-4
misleading statements, 692, 736
name, use of suspended attorney's by former firm, 865
networking organization, 90-21
newspapers, 749
opening of office, 702
out-of-state lawyers, 94-5
pens imprinted with firm's name, 812
persons not known to require legal services, 84-4
prerecorded telephone advertisement for which caller charged
sharing caller's fee with non-lawyer producing advertisement, 97-6
sharing legal fees with non-lawyer producing advertisement, 97-6
professional cards, 03-5
promotional materials, 90-22
solicitation of business, 832, 84-4, 90-22, 90-37
sponsorship of athletic team, 85-1
suspended attorney
use of name by former firm, 865
targeted groups, 832
telephone directory, 749
web site, by, 96-10
written advertising, 84-4, 90-37
yellow pages, 749
Affiliates, see also Affiliation
referral network of independent lawyers, 840
Affiliation, see also Affiliates
satellite offices, 91-2
Agents of client
attorney as client's agent, 88-1
collection agency as agent, 91-3
competence to retain counsel, 87-2, 91-3
Ancillary services
rules of professional conduct, 03-1
scope of representation, 03-1
Appearance of impropriety, 724, 789
between bar association and bench, 86-19
between counsel and bench, 866, 86-18
dual practice, 699
former judge, 90-4
hearing officers, 87-14
lawyer hiring attorney who frequently opposes him, 822
public officials, 699, 86-18, 87-14, 88-6
representation by former judge, 90-4
state's attorneys, private employment in matter in which formerly publicly employed, 85-10
Appointed counsel
pro bono counsel's request to become, 91-25
ARDC, see Attorney Registration and Disciplinary Commission
Assessment board of appeals, see County assessment board of appeals
Associates
conflict of interests, 84-14
withdrawal from firm, 84-13, 86-16
relations with former clients, 84-13
Athletic teams
sponsorship of, 85-1
Attorney-client privilege, see Confidences of client
Attorney-client relationship
legal advice, 88-3
Attorney malpractice, see also Attorney misconduct
disclosure of, 88-11
duty of attorney to disclose former attorney's, 88-11
former attorneys, 88-11
Attorney misconduct
abuse of discovery process, 98-5
ARDC, reported to, 89-7
communications with adverse parties, 95-12
confidences of client
knowledge of misconduct based on, 96-9
defending against accusations of
permissive disclosure of confidences, 94-10
disclosure of, 88-11
duty to disclose
attorney malpractice, 88-11
duty to report, 90-8, 91-7, 93-3, 94-24
actual knowledge of misconduct, 90-28, 98-5
another's misconduct, 90-36
conflict of interests, 93-20
intimidation, 93-19
misconduct of attorneys not admitted in Illinois, 94-23
of bar association officers, 01-4
to ARDC, 94-18
misconduct of public defender, 89-7
motion for sanctions with trial court, 98-5
when report is mandatory, 90-28
Attorney Registration and Disciplinary Commission
attorney disclosing ARDC report to news media, 91-19
attorney misconduct described in privileged communication, 96-9
duty to report attorney misconduct to, 98-5
duty to report ineffective assistance of counsel to
of public defender, 89-7
threats to file complaint, 95-12
Attorneys as witnesses, see Witnesses
Attorneys' fees, see Fees for legal services
Attorneys general, see Lawyers in public office
Attorneys in public office, see Lawyers in public office
B
Bankruptcy
conflict of interests, 98-6 representing corporation in bankruptcy and former employee in
workers compensation claim, 851 contingent fees, 95-16
workers' compensation, 851
Banks
conflict of interests, 90-2, 93-2
garnishment, 93-2
referral of cases, 84-1
solicitation of business, 84-1
trust agreements, 90-13
unauthorized practice of law
preparing trust agreement and deed into trust, 90-13
Bar associations
appearance of impropriety, 86-19
driver education program, 830
judges, 86-19
officers
duty to report lawyer's improprieties, 01-4
Billboards
advertising, 756
Billing records
disclosure of confidences of client, 93-4
Board of appeals, see County assessment board of appeals
Board of directors
conflict of interests, 86-14, 88-5, 92-4
member's right to practice law, 92-14
Board of elections
service on, 87-14
Broker-attorneys
conflict of interests, 84-14
Brokers, real estate
conflict of interests, 691, 801, 84-14
referral of cases, 801
unauthorized practice of law, 91-18
Business cards, see Professional cards
Business interests
conflict of interests, 870, 88-12, 89-15
consent of client, 870
Business transactions
with client, 90-32
with former clients, 88-12
C
Cards, see Professional cards
Case files, see Files
Champerty, 802
Chinese Wall, see Screening/imputed disqualification
Child support
false statements, 697
City attorneys, see also Lawyers in public office
conflict of interests, 748, 86-13, 89-15
partnership with part-time public defender, 90-34
City council
conflict of interests, 84-8, 90-17
Civil matters
advantage sought through criminal charges, 93-5
Client misconduct
attorney's duty to disclose
client's criminal intentions, 87-9
client's husband's underpayment of taxes, 87-15
confidences of client, 90-12, 98-7
criminal matters
client's intent to commit crime, 714, 87-9
disclosure of, 87-9, 87-15, 90-12, 98-7
divorce, 87-15
duty to disclose, 87-9, 87-15, 94-24, 98-7
fraud against Social Security, 99-4
fraud
client's intent to perpetrate fraud, 714
disclosure of confidences, 90-12
on tribunal, 94-24
Social Security, 99-4
guardian's false accounting, 98-7
permissive withdrawal, 89-12, 90-9, 99-4
underpayment of taxes, 87-15
Clients, see also Former clients and Missing clients
agent of, see Agents of client
associate, departing
advising clients of his departure, 84-13
not required to notify clients, 84-13
attorney as agent of, 88-1
attorney's duty to inform of settlement offer, 91-21
billing secretarial overtime expense to, 91-6
business transactions with, 90-32
confidences of, see Confidences of client
conflict of interests, 93-18
death of, attorney's duty to disclose, 96-3
departing associate, see associate, departing
duty to inform of settlement offer, 91-21
files, access to lawyer's, 94-13, 01-1
financial support of, by attorney, 92-9
firm letterheads, client's use of, see letterheads
intermediaries between attorney and client, 707
legal reforms, client opposing, 91-27
letterheads, client's use of, 85-7
loan arranged for, 92-9
meeting with, 88-1
misconduct, see Client misconduct
missing, see Missing clients
notification of associate's departure from firm, 84-13
offers of settlement, 91-21
opposing legal reforms, 91-27
represented by lobbyist before county assessment board of appeals, 84-11
settlement offers, 91-21
settlements, 88-4
solicitation of business, 84-12
use of firm letterhead, 85-7
when meeting with unnecessary, 88-1
zealous representation of, 01-6
Client's expenses, see Advanced expenses
Client's funds, see also Trust accounts, Trusts, see also 91-16
duty to hold separate disputed funds, 93-3
firm's negotiation of missing client's check, 95-11
interpleader, to resolve interests, 93-3
missing client, trust accounts, 845
preserving identity in trust account, 703
requirement to hold in trust account when client missing, 845
Co-defendants
conflict of interests, 698
Collection
contingent fees, 95-16
Collection agencies
agents of client, 91-3
conflict of interests, 93-2
solicitation of business, 91-3
Commingling of funds
payment of attorney's fees from client trust account, 93-17
Communications
by discharged lawyer with former client represented by new counsel, 96-9
concerning legal services, to community organizers, 96-1
criminal matters, 89-4
web site, by means of, 96-10
with adverse parties, 794, 86-11, 88-3, 88-10, 93-14
former employee of adverse corporate party, 85-12
municipal officials, 95-12
real estate transaction
notice sent directly to seller, 85-5
represented by counsel, 92-3
by state's attorney in criminal case, 89-4
with client
by electronic mail, 96-10 of former firm, 86-16 with counsel to adverse party, 91-21
with represented parties, 99-3, 04-02
with unrepresented parties, 99-7
Competence to retain counsel, 87-2, 91-3
Competent representation, 88-1
Competing businesses
conflict of interests, 88-5
Computerized legal research
fees for legal services, 85-9
Computers in law practice
client's files, 01-1
Condemnation proceedings
conflict of interests, 84-3
Confidences of client, 802
agreement not to use in subsequent practice, 92-14
consent of client to disclose, 88-7, 92-9
criminal intentions, 87-9
criminal matters, 714, 87-9, 88-14
disclosure of, 90-9
billing records, 93-4
by patent firm through royalty-type fee arrangement, 98-3
by public defender to another client, 90-27
criminal intentions, 87-9
fraud against Social Security, 99-4 guardian's false accounting, 98-7
incriminating information, 88-14
insured's confidences to insurer, 92-2
scope of attorney's duty to disclose, 88-13, 92-12
violation of tax laws, 93-6, 93-16
erroneous transmission to opposing counsel, duty of attorney to inform client of, 98-4
former clients, 704
former employer, 92-14
formerly adverse party, 753 fraud upon the court, 95-14
incriminating information, 88-14
indigency affidavit, 95-14
intent to breach contract, 728
intent to commit crime, 714
intent to perpetrate fraud, 714
irrebuttable presumption of disclosure, 94-15
knowledge of attorney misconduct based thereon and ARDC, 96-9
medical information concerning another attorney, 92-12
missing clients, 89-13
multiple representation, 874, 90-15
permissive disclosure, defending against accusation of wrongful conduct, 94-10
potentially prejudicial information about client obtained in professional relationship, 90-1
public defender's disclosure of client's secret to another client, 90-27
representing client against former client in same matter, 704
representing formerly adverse party, 753
revealing confidences in attempt to influence tribunal, 84-2
reviewed by opposing counsel through erroneous transmission, 98-4
scope of attorney's duty to disclose, 88-14
subsequent proceeding, 87-11
Confidentiality
mobile communications, 90-7
networking organization, 90-21
psychiatric report, 00-2
spouse of former client, 85-11
Confidentiality agreements
conflict of interests, 00-1
Conflict of interests
administration of estates, 90-25
adoptions, 89-9
adverse clients, successive representation, 91-20
appellate prosecutors, 91-1
associate to broker-attorney acting as counsel to party to real estate transaction, 84-14
attorney and client's interests potentially in conflict, 90-30
attorney as advocate and witness, 92-13
attorney as member of city council, representing clients before council, 90-17
attorney for insurer also administrator of estate which settles claim with insurer, 90-25
attorney for insurer representing insured client, 89-17, , 92-2
attorney-member of title guaranty fund obtains seller's title insurance from fund without consulting buyer, 841
attorney misconduct, duty to report, 93-20
attorney sues client in unrelated matter, 94-21
attorney with business interest in client's competitor, 870
attorney's duty to disclose to client and obtain consent, 90-30, 02-1
attorney's payment of settlement proceeds to former attorney,91-16
attorney's reasonable belief that representation not adversely affected, 90-30
attorney's spouse, 87-8
bar association member ordering defendant to enter association's driver education
program, 830
board of directors, member, 86-14, 88-5, 92-4, 02-1
broker-attorney in real estate transaction, 84-14
business interests, 870, 88-12, 89-15
city attorneys, 748, 86-13, 90-34
involved in passing ordinance in his financial interest, 89-15
city council
attorney as member, 90-17
representation before, 84-8
client forced to name client-bank as fiduciary, 90-2
client's confidences, see confidences of client
client's consent, see consent of client
co-defendants, 698
collection agency attorney, 93-2
common secretary, 85-14
communications
with represented parties, 99-3,
competing businesses, 870, 88-5
condemnation proceedings, 84-3
confidences of client, 90-15
confidentiality agreements, 00-1
consent of client, 870, 86-4, 86-14, 87-4, 88-5, 88-12, 90-30, 94-16, 95-15
corporate affiliations, 95-15
corporation's lawyer related to president and principal shareholder, 95-1
counties, 89-9, 89-10, 90-29, 91-4, 91-22
county boards
member represents criminal defendants in same county, 91-4
member represents state in condemnation proceedings, 84-3
representation before, 789
court reporter as attorney's spouse, 87-8
creditors, 91-5
criminal defense attorney representing state as appellate prosecutor, 91-1
criminal matters, 823, 84-5, 91-1, 91-4, 91-22
delegation of legal duties to real estate broker, 94-1
disciplinary complaint, 89-11
disclosure of, 790, 84-14, 90-3, 90-30, 94-16, 95-15
divorce settlement, attorney who mediated, 04-03
driver education program, 830
dual representation
driver and passenger in auto accident, 93-9
parents and child, 96-6
spouses, 99-1
trust company and client referred thereto, 99-6
duty to disclose to client, 90-3, 90-30
duty to obtain client's consent, 90-30
employment against spouse of former client, 85-11
estates, 96-5
family member as opposing counsel, 92-11
fees for legal services, 91-28
reduction for IRS agent, 92-16
royalty-type fees, 98-3
withdrawal from case, 90-26
fiduciaries, 90-2
financial interests, 870, 88-12, 89-15
firm employing another firm as local counsel
firms representing opposing parties in unrelated matters, 89-3
firm members representing plaintiff and state in civil and criminal cases involving same
party, 84-5
firm with state's attorney as member handling divorces and adoptions in same county,
former attorneys, 91-16
former clients, 701, 753, 85-11, 88-2, 90-5, 91-11, 05-01
former employees, 851
former partner as opposing counsel, 92-11
guardian ad litem, 95-3
general counsel to corporation, 92-4
government agency, attorney for, representing private client before another, 748
hearing officers, 87-14
insulation from former clients, 88-2
insurance, 89-17, 90-25, , 91-26, 92-2, 98-8
judges, 90-25
land trusts, 93-8
lawyer acting as hearing officer, 87-14
lawyer as member of regional planning commission, 803
lawyer hiring attorney who frequently opposes him, 822
lawyer sits on board of directors with insurer, 02-1
lawyers in public office, 762, 789, 871, 84-11, 85-13, 86-2, 86-13, 87-13, 87-14, 88-2,
88-9
lawyers in same firm, 729, 01-7
lawyer's spouse as real estate broker referring cases, 801
leasing office space to potential adversaries, 93-8
limitations after leaving office, 762
local counsel, 89-3
malpractice, medical, see medical malpractice
married lawyers representing differing interests, 90-24
multiple parties, 84-5, 87-6, 87-13, 89-9
multiple representation, 88-5, 88-16, 98-8
duty to disclose to clients, 90-3
preserving clients' confidences, 90-15
multiple representation by firm, 84-5, 86-5, 86-7, 89-9
municipal prosecutor representing criminal defendant, 823
office, sharing of common, 85-14, 91-17
opposing parties in unrelated matters, 89-3
opposing spouses, 701
partner of attorney for city representing himself before city council, 84-8
partner of attorney for school board representing himself against board, 84-8
partner of municipal police officer representing claimant against municipality, 94-20
partnership of city attorney and part-time public defender, 90-34
between lawyer and cellular telephone service, 94-11
patent firm receives royalty-type fees for matching client-inventors and client-promoters,
paternity actions, 91-8
payment of legal fee by third party who benefited from services performed for client,
political activity, 90-25
possibly adverse party, 757, 86-7, 86-12, 86-15, 87-13, 89-1
prosecuting subrogation claims against insurance company, 91-26
prosecuting traffic violations, 852
prosecutor, defending criminal defendants in contiguous county, 91-22
prosecutor (municipal) of traffic violations
represents defendants in traffic violation cases outside municipality, 852
prosecutor (municipal) representing criminal defendant, 823
prosecutors, appellate, 91-1
representing state as appellate prosecutor, 91-1
with common office representing adverse parties, 85-14, 91-17
with common secretary representing adverse parties, 85-14
public office, 762, 871, 84-11, 86-2, 86-13, 87-13, 88-2, 88-9
real estate broker, lawyer's delegation of duties to, 94-1
real estate broker-attorney acting as counsel for party to real estate transaction, 84-14
real estate transactions, 691, 801, 84-14, 86-15, 89-1, 90-31
reduction of fees, for IRS agent, 92-16
referral of clients
to trust company, 99-6
regional planning commission, 803
representation not adversely affected, 90-30
representing and prosecuting subrogation claims against same insurance company, 91-26
representing beneficiary of trust against trustee, having represented trust, beneficiary, and
trustee, 98-1
representing broker, buyer, and seller, 691
representing buyer and seller in real estate transaction, 90-31
representing client adverse to affiliate of corporate client, 95-15
representing client adverse to former client in unrelated matter, 753
representing client against former client, 90-5, 91-11
in divorce action, 94-15
representing client in matter involving former client, 93-18
representing client terminated by university which employs attorney part-time, 89-18
representing client who has filed disciplinary complaint, 89-11
representing clients before government board of which support person a member, 95-9
representing co-defendants, 698
representing competing businesses, 88-5
representing corporation in bankruptcy and former employee in workers' compensation
claim, 851
representing creditor and estate of which debtor is legatee, 91-5
representing husband in divorce against wife without counsel and representing both in
joint bankruptcy, 98-6
representing insured for insurer, 92-2, 98-8
representing insurer, 02-1
representing mother and daughter in paternity action, 91-8
representing multiple parties, 87-6, 87-13
representing municipality and clients before municipal human rights commission, 95-5
representing opposing spouses,
representing parents and child, 96-6
representing possibly adverse party, 757, 86-7, 86-12, 86-15, 87-13, 89-1
representing private client while in public office, 84-11
representing renouncing spouse and claimant in estate proceedings, 96-5
representing same person as executor and debtor of estate, 96-5
representing sole shareholder of corporation and party with pending suit against
corporation, 829
representing spouse of partner's former client, 701
representing state agencies, 01-7
representing state's attorneys in civil litigation and opposing them in criminal
cases, 92-18
representing state and county, 89-10
representing subrogation claims, 91-26
secretaries, sharing of common, 85-14
settlement proceeds, 91-16
sharing of fees, see fees for legal services
sole shareholder of corporation, 829
special prosecutor, 94-16
spouse of attorney as court reporter, 87-8
spouses, 701, 801, 85-11, 87-8, 90-24
state's attorneys, 871, 86-2, 88-2, 89-9, 92-18
annual retainer to represent school district, 85-13
family member as opposing counsel, 92-11
former partner as opposing counsel, 92-11
limitations after leaving office, 762
referral fee where violation of ordinance in question, 89-2
representing prisoners in civil rights action in adjacent county, 90-29
representing private clients before county board, 789
subrogation, 91-26
successive government and private employment, 96-7
successive representation of different clients with adverse interests in same matter, 91-20
third party, payment of legal fee, 91-28
third-party client property, 04-01
title guaranty fund, 841
title insurance, 841
traffic violations, 852
trusts, 98-1
directs employment of drafting attorney, 99-8
universities, 88-16, 89-18, 95-4
university legal services, 88-16
withdrawal from case, 90-26, 98-8
witnesses, attorney as advocate and witness, 92-13
workers' compensation, 851
Consent of client
attorney also publisher of legal notices, 97-7
business interests, 870
competing businesses, 870, 88-5
confidences of client, disclosure of, 88-7
conflict of interests, 870, 86-4, 86-14, 87-4, 88-5, 88-12, 90-30, 94-16, 95-15, 99-6
attorney sues client in unrelated matter, 94-21
representing municipality and clients before municipal human rights commission,
disclosure of confidences, see confidences of client
dual representation
trust company and client referred thereto, 99-6
fees for legal services, 88-15, 02-2
royalty-type fees, 98-3
firm gives work to outside lawyers, 96-8
lawyer gives names of clients to bank as prospective customers, 97-1
multiple representation, 874, 87-6, 87-14, 88-5
public officials, 88-9
referral fee taken by attorney from investment professional, 97-4
representation by temporary attorney, 92-7
requirement of
before payment of legal fees from trust fund, 88-15
for disclosure of client's confidences, 88-7
in multiple representation, 874, 87-6, 87-14, 88-5
where attorney has business interest in competitor, 870
where attorney is public official, 88-9
where attorney represents competing businesses, 88-5
where attorney, through land trust, leases office space to potential adversaries,
where interests conflict, 870, 87-4, 88-5, 88-12, 90-30
sharing of fees with temporary attorney, 98-2
trust accounts, 02-2
trust directs employment of drafting attorney, 99-8
trust fund, payment from, 88-15
Contingent fees, 723
attorney charges additional fee for reducing client's lien payment, 97-8
bankruptcy, 95-16
collection, 95-16
criminal matters, 84-9
divorce, death of spouse, 02-3
expenses, 86-1
expert witnesses, 86-3
forbearance of fee for criminal action if related civil suit is unsuccessful, 84-9
post-judgment proceedings, 02-3
proceedings after divorce, 95-16, 2-03
registration of securities, 91-13
Continuances
missing client, 88-4
Contracts
client's intent to breach, 728
Contributions
referral services, 827
Corporations
conflict of interests, 829, 851, 95-1
contingent fees, 91-13
Counties as parties
conflict of interests, 89-10
County assessment board of appeals
lobbyist representing client before, 84-11
County boards
conflict of interests, 84-3, 91-4
Court orders
confidences of missing client, 89-13
Court reporters
conflict of interests, 87-8
fees, lawyer's failure to pay, 94-17
spouse-lawyer relationship, 87-8
Creditors
conflict of interests, 91-5
Criminal matters
confidences of client, 88-14
conflict of interests, 823, 84-5, 91-1, 91-4, 91-22
contingent fees, 84-9
criminal prosecution, threat of in civil action, 86-9, 91-29, 93-5
D
Deceased lawyers
sharing of fees, 98-9
Decedents' estates, see Estates
Defense of traffic violations
conflict of interests, 852
Delinquent accounts
collection of, 86-8
interest charge on, 87-10
use of letterhead in collecting, 86-8
Depositions
duty to report false statements, 89-8
Directors, see Board of directors
Disbarred lawyers
activities of, 88-17
duties of lawyer, no duty to report activities of, 88-17
ethical obligations of, 88-17
fees for legal services, sharing, 87-3
sharing of fees, see fees for legal services
Discharged attorneys
fees for legal services, 87-3
Disciplinary actions
threat of, to gain advantage, 87-7
Disciplinary complaints
conflict of interests, 89-11
Disclosure
ARDC, report of, 91-19
attorney malpractice, 88-11
attorney's disclosure of ARDC's report to news media, 91-19
attorney's duty to disclose
non-representation to unrepresented party, 99-7
to client, erroneous transmission of confidences to opposing counsel, 98-4
where attorney leases office space to potential adversaries, 93-8
attorney's inability to practice because of senility, 92-12
client misconduct, 87-9, 87-15, 90-12
fraud, 94-24
Social Security, 99-4
confidences of client, 92-9
billing records, 93-4
fraud upon the court, 95-14
permissive disclosure, 94-10
conflict of interests, 790, 84-14, 90-3, 90-30, 92-4, 94-16, 95-15, 99-6
attorney sues client in unrelated matter, 94-21
representing municipality and clients before municipal human rights commission,
death of client, 96-3
ex parte communications to opposing counsel, 94-7
financial arrangement, to client, 92-9
former attorney's malpractice, 88-11
former partnership arrangement, to client, 92-11
irrebuttable presumption of, confidences of client, 94-15
multiple representation, 90-3
news media, disclosure to, 91-19
satellite offices, 91-2
scope of attorney's duty to disclose, 88-13, 92-12
to client
attorney's relationship with trust company, 99-6
payment to temporary lawyer, 98-2
referring attorney's resumption of practice, 96-11
sharing of fees with temporary attorney, 98-2
Dismissal of civil action
plea agreement, 89-16
Disqualification - see also screening/imputed disqualification
attorney as witness, 84-7
of former counsel by client, burden of proof, 94-15
representing spouse of partner's former client, 701
state's attorneys, handling litigation in the same subject area in law firm, 762
vicarious disqualification, 88-02
Division of legal fees, see Fees for legal services
Divorce
adverse parties, representation of, 86-6, 86-11, 87-11, 88-3
attorney limiting scope of representation to preparation of pleadings, 849
client misconduct, 87-15
communication with adverse party, 86-11, 88-3
conflict of interests, 86-6, 89-9, 98-6, 99-1
conflicts- former clients, 94-15, 91-20
death of spouse, 02-3
disclosure of client misconduct, 87-15
dual representation, 99-1
duty of attorney to disclose client's husband's misconduct, 87-15
limiting scope of representation, 849
mediators, see Non-lawyers
misconduct of client, see client misconduct
post-judgment proceedings, 02-3
preparation of pleadings, 849
prior representation of adverse party, 86-6
prior representation of both parties, 87-11
scope of representation, 849
Divorce mediators, see Non-lawyers
Drivers education
bar associations, conflict of interests, 830
Dual professions
appearance of impropriety, 699
business cards- listing non-legal credentials on atty business card, 03-05
commissions, 89-14
lawyer and accountant, 85-3
lawyer and economic analyst, 90-16
lawyer and insurance agent, 90-32
commission for referral of client to another agent, 89-14
dual services for same client, 89-14
lawyer and investment professional, 90-32
lawyer and publisher of legal notices, 97-7
lawyer and title insurance agent, 93-1
referral of cases, 89-14
Dual representation, see Conflict of interests
Duty to adequately represent client, see Inadequate representation
Duty to disclose client misconduct, see Disclosure, Client misconduct
Duty to report attorney misconduct, see Attorney misconduct
Duty to report professional misconduct, see Attorney misconduct
E
Earlier attorney, see Former attorneys
Economic analysts
dual professions, 90-16
Elected officials, see Lawyers in public office
Election boards, see Board of elections
Elections, see Board of elections, Lawyers in public office, Political activity
Employee leasing companies
agreement with law firm, 90-23
Employment
withdrawal from, 86-16
Employment contracts
restrictions on right to practice, 91-12
Employment, lawyer's acceptance of
accounting firm, 760
Estate planning
unauthorized practice of law, documents prepared by financial institution, 91-10
Estates, see also Estate planning
administrator of, judge's appointment of lawyer who contributed to political campaign, 90-25
attorney's duty to inform probate court of guardian's taking of funds, 91-24
conflict of interests, 90-25, 91-5, 96-5
deceased attorney
sharing of fees, 98-9
guardian's taking of funds, 91-24
judge's appointment of administrator, 90-25
Ex parte communications
attorney to arbitrator, 01-3
attorney to judge, 94-7
briefs, 01-3
judge to attorney, 94-7
state's attorney with judge, 93-12
Expert witnesses
contingent fees, 86-3
finder's fees, 86-3
spouse of attorney, 856
Extrajudicial statements
news media, 93-19
F
False statements
child support, 697
depositions, 89-8
duty to report to prosecutor, 89-8
Fee for services, see Fees for legal services, Fees for non-legal services
Fee sharing, see Fees for legal services
Fees for legal services
adoption proceedings, 91-14
agreement with client, 90-33
attorney's suit against former client for, 92-13
commingling of funds, 93-17
computerized legal research, 85-9
conflict of interests, 90-26, 91-28
reduction for IRS agent, 92-16
royalty-type fees, 98-3
consent of client, 88-15, 02-2
contingent, see Contingent fees
deduction from settlement, 88-4
delinquent, 87-10
disbarred lawyer, 87-3
discharged attorney, 87-3
disqualified attorney, 87-3
former client, 92-13
former firm, 84-15
interest charge when delinquent, 87-10
lay employer, 768
loan arranged by attorney, 92-9
new partners, 725 non-lawyers, 89-5
non-refundable fee arrangements, 722
"of counsel" relationships, 776
overtime for secretarial work, 91-6
payment from client's trust fund, 88-15, 93-17
profit sharing plan, 89-5
reduced rates, 92-8
referral fee taken by lawyer from investment advisor, 97-4
referral of cases, 90-11, 94-22
division between referring and receiving lawyers, 90-18
from non-lawyer, 99-2
"of counsel" relationships, 776
referral fees, 03-06
referring partners, 90-11
retainer in trust account, 90-10
retaining responsibility for matter after leaving firm, 03-06
revocable living trusts, 90-20
right to, disbarred, discharged, or disqualified attorney, 87-3
secretarial work, billing for overtime, 91-6
settlement, deduction from, 88-4
conflict of interests, 90-26
disbarred lawyer, 87-3
mediation services, 01-5
referring partners, 90-11
with cellular telephone service, 94-11
with estate of deceased attorney, 98-9
with finance company, 92-9
with former firm, 84-15
with lay employer, 768
with marketer of revocable living trusts, 90-20
with new partner, 725
with non-lawyer, 99-2
in mediation service, 01-5
in profit-sharing plan, 89-5
producer of advertising for legal services, 97-6
tax representative, 94-8
with referring partner, 90-11
with temporary attorney, 98-2
with terminated partner, 84-15
with third party, 93-11
withdrawal from case, conflict of interests, 90-26
special rates, 92-8
terminated partner, 84-15
third party, 91-28
trust accounts, 703, 845, 90-10, 93-17, 02-2
trusts, 703, 845, 88-15, 90-10
withdrawal from case, 90-26
Fees for non-legal services
rebates on title insurance, 799
witnesses, 87-5
Fiduciaries
conflict of interests, 90-2
Files
computer files, 01-1
disposal of case files, 94-19, 01-2
duty to provide access to
client, 94-13
duty to return former client's papers, 94-14, 01-2
lawyer's access to closed files at former firm, 95-2
Financial planners, see also Financial planning companies
solicitation of business, 90-19
unauthorized practice of law, 90-19
Financial planning companies, see also Financial planners
unauthorized practice of law
estate planning documents, 91-10
Finder's fees
expert witnesses, 86-3
Firm letterheads, see Letterheads
Firm names, see also Names
deceased lawyer's name, 84-10
including attorney "of counsel", 03-2
including retired partner, 03-2
including withdrawn partner, 03-2
lawyers purporting to practice with non-existent firm, 85-2
members of firm purporting to practice independently, 85-2
misleading the public, 03-2
pens imprinted with, 812
suspended attorney, 865
Firm stationery, see Stationery
Firms
claim concentration in intellectual property without qualified lawyers, 96-8
disqualification, failure to prevent member from dealing with matter dealt with as judge, 94-9
For-profit organizations
referral services, 94-12
Forbearance of fee
contingent fees, 84-9
Former attorneys
access to closed files at former firm, 95-2
duty to return client's papers, 94-14
proceeds of settlement, 91-16
Former clients
attorney's suit against for fees, 92-13
confidences, 704
confidentiality, 05-01
conflict of interests, 701, 753, 85-11, 88-2, 90-5, 91-11
divorce action, 94-15
representing client in matter involving, 93-18
insulation from, 88-2
papers, recovery of from former lawyer, 94-14
Former firms
communication with clients of, 86-16
fees for legal services, sharing, 84-15
former lawyer's access to closed files, 95-2
letterheads, 89-6
name, use of suspended attorney's, 865
sharing of fees, see fees for legal services
suspended attorney, use of name, 865
Fraud
client misconduct, 90-12, 99-4
confidences of client, 90-12
Funds of client, see Client funds
G
Garnishment
conflict of interests, 93-2
Government agencies
conflict of interests, 748, 86-13, 88-2, 88-9
Group legal services, 707
Guardian ad litem
conflict of interests, 95-3
solicitation of business, 95-3
Guardians
estates, 91-24
false accounting, 98-7
H
Health care organizations
solicitation of business, 94-4
Hearing officers
conflict of interests, 87-14
pollution control board, 88-9
I
Improper venue
deliberate filing of cases in, 89-9
Impropriety, appearance of, see Appearance of impropriety
Imputed disqualification - see also screening - 701,
88-02,
96-07,
698,
748,
757,
762,
823,
829,
84-05,
84-11,
87-14,
88-05,
90-01,
90-05,
90-17,
90-34,
94-20,
95-05,
95-09
In forma pauperis
pro bono counsel's request to proceed, 91-25
Inadequate representation
attorney failing to appear at judicial proceedings, 85-6
preparing pleadings, 85-6
Incompetence to practice law
senility, 92-12
Incriminating information
confidences of client, 88-14
Independent professional judgment, see Professional judgment
Ineffective assistance of counsel
duty to report to ARDC, ineffective assistance by public defender, 89-7
Insurance, see also Insurance agents
confidences of client, 92-2
conflict of interests, 89-17, 90-25, 91-26, 92-2, 98-8, 02-1
subrogation, 91-26
Insurance agents
dual professions, 89-14, 90-32, 93-1
Interpreters
client confidences, 03-07
Inter vivos trust, see Trusts
Interest
charged to client
for advanced expenses, 94-6
on delinquent accounts, 87-10
Internet
advertising, 96-10
communications, 96-10
solicitation of business, 96-10
Interpleader
action to resolve interest in disputed funds, 93-3
Investment professional
dual professions, 90-32
referral fee to attorney from, 97-4
J
Judgment, see Professional judgment
Judges
duty to report misconduct of, 94-24
ex parte communications, with state's attorney, 93-12
former judge deals with matter dealt with as judge, 94-9
lawyer who contributed to judge's political campaign appointed administrator of estate, letterheads, judge's name on, 739
political activity, 866, 90-25
relationship with, 866, 86-18, 86-19
retired judge using title, 92-10
Judicial campaigns, 866, 90-25
L
Lawyer misconduct, see Attorney misconduct
Lawyer referral services, see Referral services
Lawyer's files, see Files
Lawyers in public office
appearance of impropriety
hearing officers, 87-14
public officials, 86-18, 87-14, 88-6
attorneys general, 87-13
city attorneys, 86-13
conflict of interests, 762, 789, 871, 84-11, 85-13, 86-2, 86-13, 87-13, 87-14, 88-2, 88-9, 89-2 police officer, 94-20
consent of client, 88-9
former clients, 88-2
hearing officers, pollution control board, 88-9
influencing tribunal, 84-11
insulation from former clients, 88-2
municipal prosecutors, 823
pollution control board, 88-9
public defenders, 87-4
school board members, 88-6
state's attorneys, 871, 85-13, 86-2, 6-4, 88-2, 88-10, 92-11
use of public office to influence tribunal, 84-11
village attorneys, 88-7
village commissioners, 91-9
Lay agencies
unauthorized practice of law, 89-1
Lay employees, see Non-lawyers
Lay employers
fees for legal services, sharing, 768
Lay intermediaries, see Non-lawyers
Laymen, see Non-lawyers
Leaving a Law Firm- see withdrawal from firm
Legal advice
absent attorney-client relationship, 88-3
Legal fees, see Fees for legal services
Legal reforms
advocated by attorney but opposed by client, 91-27
Legal services
communications concerning, to community organizers, 96-1
confidentiality, 90-01
files, 94-19
Legal research services
unauthorized practice of law, 767
Letterheads - see also stationery
Capital Litigation Trial Bar, 03-3
client's use of, 85-7
judge's name on, 739
lawyer appearing on accountant's, 87-12
misleading, lawyers sharing office, 764
non-lawyers, names appearing on, 87-1
partners' previous affiliation, 89-6
past-due accounts, use in collection of, 86-8
predecessor firm, 89-6
satellite office, 91-2
suspended attorney, 865
unauthorized practice of law, 85-7
Letters
solicitation of business, 727
Limiting scope of representation, see Scope of representation
Litigation expenses
lawyer's advancing of, 94-17
Lobbyists
county assessment board of appeals, 84-11
Local counsel
conflict of interests, 89-3
M
Malpractice, see Attorney malpractice, Medical malpractice
Married lawyers, see also Spouse-lawyer relationships
conflict of interests, 90-24
Media, see News media
Mediation services
fees for legal services
sharing with non-lawyers, 01-5
Meeting clients
when unnecessary for attorney, 88-1
Misconduct, see Attorney misconduct, Client misconduct
Misleading statements
Misrepresentation of fact or law
duty of lawyer to avoid, 86-10
material changes in document, duty to advise opposing counsel, 95-10
Missing clients - see also 88-15(Trust funds)
adequate representation, 03-4
attorney's activity on behalf of, 88-4
confidences, revealing pursuant to court order, 89-13
continuance, 89-13
firm's negotiation of client's check, 95-11
statute of limitations, 03-4
Mobile communications
Multiple representation
adverse sides in business sale, 89-1
business transactions, 89-1
confidences of client, 874, 90-15
conflict of interests, 84-5, 86-5, 86-7, 87-6, 87-13, 88-5, 88-16, 89-9, 90-3, 90-15, 98-8
consent of client, 874, 87-6, 87-14, 88-5
duty to disclose to clients, 90-3
Multi-state law firms, 744 - see also satellite offices
Multi-state practice, 744 - see also satellite offices
Municipal prosecutors
conflict of interests, 823
N
Names, see also Firm names
deceased member of firm, 709, 84-10
misleading or deceptive use, 736, 03-2
retired member of firm, 03-2
suspended attorney, 865
Negotiations
client's claim in another state, 02-4
fairness to opposing counsel or party, 93-19
unauthorized practice of law, 02-4
Networking organization, see also Referral networks
advertising, 90-21
confidentiality, 90-21
New partners
fees for legal services, sharing, 725 News media
attorney's disclosure of ARDC's report to, 91-19
extrajudicial statements, 93-19
Newspapers
advertising, 749
Non-attorneys, see Non-lawyers
Non-lawyer business
lawyer
doing business with non-lawyer, 92-5
engaging in divorce mediation, 92-5
sharing office space with, 90-6
Non-lawyers
conflict of interests, support person member of government board, 95-9
divorce mediator with whom lawyer does business, 92-5
fees for legal services, 94-11
mediation services, 01-5
profit-sharing plan, 89-5
improper partnership with, cellular telephone service, 94-11
intermediaries between attorney and client, 707
lawyer's partnership with, health care organization, 94-4
letterheads, 87-1
mediation services, 01-5
ownership of corporation in name of which network of independent attorneys practice, 96-4
referral of cases, 99-2
unauthorized practice of law, 684, 88-8, 99-2
assistance with corporate documents, 95-7
attorney assisting, 705,
Non-legal accreditations
advertising, 03-5
professional cards, 03-5
Non-profit organizations - see also legal services
unauthorized practice of law, wills, 90-35
Non-refundable fees
fees for legal services, 722
Not-for-profit organizations, see Non-profit organizations
Notification of clients
withdrawal from firm, departing associate not required to notify clients, 84-13
O
"Of counsel" relationships, 817, 87-12
network of independent lawyers, 840
referral fees, 776
referral network, 840
Office facilities, see Office space
Office space
conflict of interests, 85-14, 91-17
sharing
with non-lawyer business, 90-6
with other lawyers, 764
with public defenders, 85-14, 91-17
Opening of office
advertising, 702
out-of-state attorneys, 92-6
Opposing parties
communications with, see Communications
fairness to, negotiations, 93-19
Ordinances
conflict of interests, 89-2, 89-15
Out-of-state lawyers
advertising, 94-5
attorney misconduct, duty to report, 94-23
legal services for municipalities, 92-15
limiting practice in Illinois to federal courts, 92-6
solicitation of business, 94-2, 94-5
unauthorized practice of law, 94-2, 94-5, 02-04
Overtime
fees for legal services, billing secretarial expense to client, 91-6
P
Paralegals
supervision by attorney, 88-8
unauthorized practice of law, 88-8
Partners, see also New partners, Referring partners
conflict of interests, 84-8, 94-20
surety bonds, 90-25
Partnership agreements
Financial penalty for withdrawing partner who competes with firm, 97-9
Partnerships
city attorney and part-time public defender, 90-34
conflict of interests, 86-5, 90-34
fees for legal services, sharing, 84-15
satellite offices, 91-2
sharing of fees, see fees for legal services
with non-lawyers, cellular telephone service, 94-11
Past-due accounts
collection of, 86-8
letterheads, use of in collection, 86-8
Paternity actions
conflict of interests, attorney represents mother and daughter, 91-8
Perjury, see False statements
Permissive withdrawal
client misconduct
fraud against Social Security, 99-4
client pursues illegal conduct, 90-9
client tries to force lawyer to pursue illegal conduct, 89-12, 90-9
conflict of interests, 90-26, 98-8
difficult employment, 89-12, 90-9, 01-2
fees for legal services, sharing, 90-26
illegal conduct, 90-9
sharing of fees, see fees for legal services
Planning commission, see Regional planning commission
Plea agreements
conditioned upon defendant's dismissal of civil action, 89-16
prosecutor's withdrawal from agreement, 99-5
prosecutor's withdrawal of offer, 99-5
Pleadings
divorce, 849
preparation of, inadequate representation, 85-6
scope of representation, 849
Political activity
Campaigns, lawyer's contribution to judge's, 90-25
judicial campaigns, 866, 90-25
Potential clients, see also Advertising
solicitation of business, 820, 84-12, 90-37
Potential witnesses
attorney as, 84-6
Potentially prejudicial information
confidences of client, 90-1
Practice of law
suspension from, 865
Predecessor firm
letterheads, 89-6
Preparation by attorney
adequate, 88-1
Preparation of pleadings
divorce, 849
inadequate representation, 85-6
scope of representation, 849
Prior representation
Privileged information, see Confidences of client
Pro bono counsel
appointment by court as counsel, 91-25
in forma pauperis, request to proceed, 91-25
Probate court
estates, 91-24
Proceeds of settlement, see Settlements
Professional cards, 87-12
advertising, 03-5
identifying lawyer as outside counsel for trade association, 95-8
listing non-legal accreditations, 03-5
"retired judge" on business card, 92-10
Professional corporation
transfer of stock to inter vivos trustee, 85-4
Professional independence
agreement between firm and employee leasing company, 90-23
arrangement with non-lawyer, 99-2
mediation services, 01-5
network of independent lawyers practicing in name of corporation owned by non-lawyer, 96-4
retention of legal services by third party, 93-11
sharing of fees, 93-11, 94-8, 99-2, 01-5
Professional judgment
conflict of interests, 96-6
duty to exercise, 90-14
on behalf of child, 96-6
exercise of, 704
restrictions by court, 90-14
spouse-lawyer relationship, 856
spouse of attorney as potential expert witness, 856
Professional misconduct, see Attorney misconduct
Profit-sharing plans
fees for legal services, sharing, 89-5
non-lawyer, sharing with, 89-5
sharing of fees, see fees for legal services
Promotional materials
advertising, 90-22
solicitation of business, 90-22
Prosecution of traffic violations
conflict of interests, 852
Prosecutors, see also State's attorneys, Lawyers in public office
appellate, 91-1
conflict of interests, 823, 852, 91-1, 91-22
duty to report false statements to, 89-8
municipal, 823
plea agreements
withdrawal from agreement, 99-5
withdrawal of offer, 99-5
Psychiatric reports
confidentiality, 00-2
Public defenders, 87-4
city attorneys, 90-34
confidences of client, 90-27, 95-14
conflict of interests, 85-14, 87-4, 90-34, 91-1, 91-17
disclosure of client's secret to another client, 90-27
fraud upon the court, 95-14
indigency affidavit, 95-14
ineffective assistance of counsel by public defender, duty to report to ARDC, 89-7
office space, sharing, 85-14, 91-17
partnership with city attorney, 90-34
referral of cases, 784
secretaries, sharing, 85-14
Public employment, see Lawyers in public office
Public office, lawyer in, see Lawyers in public office
Public officials, see also Lawyers in public office
lawyer's relationship with, 94-3
Publicity, 702, 85-1- see also Advertising, Solicitation of business
Quantum Meruit - 90-26, 87-3, - see also Permissive Withdrawal
R
Real estate agents
associations, 91-18
solicitation of business, 91-18
unauthorized practice of law, 91-18
Real estate brokers
conflict of interests, 801, 84-14, 94-1
referral of cases, 801
unauthorized practice of law, 91-18, 94-1
Real estate transactions
communication with adverse party, 85-5
conflict of interests, 691, 801, 84-14, 86-15, 89-1, 90-31, 94-1
unauthorized practice of law, 94-1
Rebates
fees for non-legal services, 799
title insurance, 799
Recommendations
referral services, 827
Referral fees, see Fees for legal services
Referral networks
referral of cases, 840
Referral of cases, see also Referral networks, Referral services
bank's referral of customers to attorney, 84-1
conflict of interests, 801, 89-2
fees for legal services, 776, 90-11, 90-18, 94-22
financial planners, 90-19
network of independent lawyers, 840
non-lawyers, 99-2
partners, 90-11
public defenders, 784
referral networks, 840
referral of bank's customers to attorney, 84-1
referring partners, 90-11
resumption of practice by referring lawyer, 96-11
solicitation of business, 84-1
financial planners, 90-19
unauthorized practice of law, 99-2
Referral of clients
conflict of interests, 99-6
to trust company, 99-6
Referral services
contributions to, 827
for-profit, 94-12
lawyer assisting, 97-5
recommendation of professional employment, 827
solicitation of business, 777
Referring partners
fees for legal services, sharing, 90-11
Reforms, legal, see Legal reforms
Regional planning commission
conflict of interests, 803
Registration of securities, see Securities registration
Representation, see also Adequate representation
not adversely affected, reasonable belief, 90-30
Research services, see Legal research services
Responsibilities Regarding Nonlawyer Assistants, 03-07
Restrictions on right to practice, see Right to practice law
Restrictive covenants
partnership agreements financial penalty for withdrawing lawyer who competes with firm, 97-9
Retainers
annual retainer paid to state's attorney to represent school district, 85-13
trust accounts, 90-10
Retaining counsel
Revocable living trusts, see Trusts
Right to practice law
agreement with former employer not to use information, 92-14
confidentiality agreements, 00-1
conflict of interests, 00-1
employment contracts, 91-12, 92-14
attorney signs promissory note payable to employer, 93-13
restrictions, 91-12, 92-14, 93-13
Rules of professional conduct
ancillary services, 03-1
scope of representation, 03-1
S
Safekeeping Property, 91-16
Screening - see also imputed disqualification
former judge, 94-04
vicarious disqualification, 88-02
chinese wall, 701
successive government and private employment, 96-07
duty to disclose affiliation with partnership at main office, 91-2
letterheads, 91-2
School boards
conflict of interests, 84-8, 88-6
members, 88-6
School districts
retainers, 85-13
state's attorneys, 85-13
Scope of duty to disclose
confidences of client, 88-14
Scope of representation
ancillary services, 03-1
divorce, 849
drafting documents for real estate transaction, 94-1
events subsequent to legal representation, 03-1
preparation of pleadings, 849
Secretaries
conflict of interests, 85-14
fees for legal services, 91-6
overtime pay, 91-6
public defenders, sharing secretaries, 85-14
sharing, 85-14
Secrets of client, see Confidences of client
Securities, see also Securities registration
transfer to inter vivos trustee, 85-4
Securities registration, see also Securities
contingent fees, 91-13
Segregation of funds
duty to report lawyer's failure to effect
of bar association officers, 01-04
Seminars
solicitation of business, 727
Settlements
by attorney on behalf of client, 88-4
duty to inform client of offer, 91-21
fees for legal services
deduction from, 88-4
payment to former attorney from proceeds, 91-16
former attorneys, 91-16
offers of, duty to inform client, 91-21
proceeds, 91-16
Shareholders of corporation
right to practice law, 92-14
Sharing of fees, see Fees for legal services
Sole shareholder
conflict of interests, 829
Solicitation of business, 700, 707, 777, see also Advertising
advertising
contacting potential client, 90-37
labeling advertising as promotional material, 90-22
mailing written advertising, 84-4
targeted groups, 832
agreement with non-lawyer, tax representative, 94-8
asking clients to identify potential clients, 84-12
associates, 84-13
association of real estate agents, 91-18
banks , referral of customers to attorney, 84-1
collection agencies, 91-3
communications to community organizers, 96-1
with represented parties, 99-3 electronic mail, by, 96-10
financial planners, 90-19
fees, reduction for IRS agent, 92-16
guardian ad litem, 95-3
health care organization, 94-4
in-person solicitation for pecuniary gain, 93-10
initiating contact with potential clients, 820, 90-37
labeling advertising, 90-22
lawyer compensating financial planner for referral of clients, 90-19
lawyer hires employee to contact injured to attract personal injury clients, 97-2
lawyer requests names of potential customers for employer bank from another lawyer, 97-1
letters, 727
mailing written advertising, 84-4
out-of-state lawyers, 94-5
parties involved in litigation, 92-17
potential clients, 820, 90-37, 92-8
prerecorded telephone advertisement for which caller charged
sharing caller's fee with non-lawyer producing advertisement, 97-6
sharing legal fees with non-lawyer producing advertisement, 97-6
promotional materials, 820, 90-22
real estate agents, 91-18
reduced rates, 92-8
for IRS agent, 92-16
referral of cases
bank customers to attorney, 84-1
financial planners, 90-19
referral services, 777
referral services, 777
seminars, 727
targeted groups, 832
parties involved in litigation, 92-17
third party offers to prospective client, 96-2
unauthorized practice of law, out-of-state lawyer, 94-2
web site, by, 96-10
withdrawal from firm, departing associate advising clients of his departure, and their right to retain him, 84-13
written advertising, 84-4, 90-37
Solicitation of clients, see Solicitation of business
Special prosecutor, 94-16
Spouse-lawyer relationships
brokers, 801
conflict of interests, 801, 87-8, 90-24
court reporters, 87-8
expert witnesses, 856
married lawyers representing differing interests, 90-24
professional judgment, 856
real estate broker, 801
referral of cases, 801
spouse as court reporter, 87-8
spouse as real estate broker referring cases, 801
spouse's patient a party to attorney's litigation, 856
witnesses, 856
Spouses as parties
conflict of interests, 701, 85-11, 99-1
divorce, 99-1
disqualification, 701 dual representation, 99-1
State's attorneys, 871, 85-13, 86-2, 86-4, 88-2, 88-10, see also Lawyers in public office
annual retainer to represent school district, 85-13
appearance of impropriety, 85-10
communication with adverse party, 89-4
conflict of interests, 762, 789, 871, 85-13, 86-2, 88-2, 89-2, 89-9, 90-29, 92-11, 92-18
disqualification, 762
ex parte communications with judge, 93-12
legal reforms, 91-27
represented in civil litigation by attorneys who oppose them in criminal cases, 92-18
retainers, 85-13
school districts, 85-13
Stationery - see also letterhead
identifying lawyer as outside counsel for trade association, 95-8
unauthorized practice of law, use of firm's, 86-8
Statute of limitations
adequate representation, 03-4
missing client, 03-4
Stock, see Securities
Subrogation
conflict of interests, 91-26
Successive representation
conflict of interests, 91-20
Surety bonds
attorneys sign on behalf of fellow partner, 90-25
Suspended attorneys
letterheads, 865
use of name by former firm, 865
Suspension from practice, 865
T
Taxes
confidences of client, violation of tax laws, 93-6, 93-16
underpayment of, 87-15
Telephone directory
advertising, 749
Temporary attorneys
client's consent to division of fees with, 98-2
consent of client to representation by, 92-7
disclosure to client, use of, 98-2
responsibility of hiring firm for, 92-7
Third parties
conflict of interests, 91-28
retention of legal services by, 93-11
sharing of fees, 93-11
Threats
of criminal prosecution to opponent in civil action, 86-9, 91-29, 93-5
of disciplinary action, 87-7
to file and disclose ARDC complaint, 95-12
Title guaranty fund
conflict of interests, 841
Title insurance
conflict of interests, 841
dual professions, 93-1
fees for non-legal services, rebates, 799
Traffic violations
conflict of interests, 852
municipal prosecutor of, represents traffic defendants outside municipality, 852
Tribunal
confidences of client, 84-2
use of public office to influence, 84-11
Trust accounts, 91-16 - see also Trusts, Trust agreements
client funds, 703
commingling of funds, 93-17
consent of client, 02-2
fees for legal services, 90-10, 93-17, 02-2
funds of missing client, 845
preserving identity of client funds, 703
retainers, 90-10
Trust agreements
unauthorized practice of law, 90-13, 90-20
Trusts, see also Trust accounts, Trust agreements, Client funds
conflict of interests, 98-1
employment of drafting attorney, 99-8
consent of client, 88-15
fees for legal services, 88-15
revocable living trust, 90-20
inter vivos, transfer of stock to inter vivos trustee, 85-4
payment of legal fees from trust fund, 88-15
revocable living trusts, 90-20
securities, 85-4
sharing of fees, see fees for legal services
unauthorized practice of law, 90-13, 90-20
U
Unauthorized practice of law
assisting financial planner, 90-19
assisting non-lawyer in, 705 assisting non-profit organization in preparing wills, 90-35
attorney
advising management services organization which engages in, 97-3 employed by marketer of revocable living trusts, 90-20 banks preparing trust agreement and deed into trust, 90-13
client's claim in another state, 02-4
clients, 85-7
collection agencies, 88-8, 91-3
deed into trust, 90-13
delegation of duties to real estate broker, 94-1
employees of lawyer, 684, 88-8
estate planning documents, 91-10
financial planners, 90-19
financial planning companies, 91-10
health care organization, 94-4
intermediaries between attorney and client, 707
law firm providing letterhead for client's use, 85-7
lay agencies, 89-1
legal research services, 767
letterheads, 85-7
management services organization, 97-3
negotiations, 02-4
non-lawyer employees of lawyer, 684, 88-8
assisting in preparation of corporate documents, 95-7
referral of cases, 99-2
represent employees at hearings of Department of Employment, 93-15
sharing of fees, 99-2
non-profit organizations, preparation of wills, 90-35
out-of-state lawyers, 94-2, 94-5, 02-4
limiting practice in Illinois to federal courts, 92-6
performing legal services for municipality, 92-15
paralegals, 88-8
real estate agents, 91-18
research services, see legal research services
reviewing estate planning documents prepared by financial planning company, 91-10
revocable living trusts, 90-20
solicitation of business, 94-2
stationery, use of firm's, 86-8
tax representative, 94-8
trust agreement, 90-13
wills, 90-35
Universities, see also University legal services
conflict of interests, 88-16, 89-18, 95-4
University legal services, see also Universities
conflict of interests, 88-16
V
Vicarious disqualification, 88-2
Village attorneys, 88-7
Village commissioners, 91-9
Venue
improper, see Improper venue
W
Wills
unauthorized practice of law, non-profit organizations, 90-35
Withdrawal as counsel, see Permissive withdrawal
Withdrawal from firm
access to files at old firm, 95-02, 86-16
notification of clients, 84-13
solicitation of business, 84-13
Witnesses, see also Expert witnesses
attorney
as advocate and witness, 92-13, 93-7
as potential witness, 84-6
disqualified because called as witness, 84-7
contingent fees, 86-3
disqualification of attorney, 84-7
fees for non-legal services, see also contingent fees, paid to witness, 87-5
potential witnesses, 84-6
spouse of attorney, 856
Workers' compensation
bankruptcy, 851
conflict of interests representing employer in bankruptcy and former employee in workers' compensation claim, 851 ex parte communications, 01-3
Y
Yellow pages
advertising, 749
Z
Zealous representation of client
harassment of opposing counsel, 01-6
truthfulness to opposing counsel, 01-6
WW 5-17-04 Updated, JSM 2-1-06
Last Opinion: 05-01