Practice Tools

ISBA Ethics Opinions on Fees and Expenses

  • Collecting a fee in excess of an amount allowed by court order : 13-01
  • Use of advance payment retainers in family law matters : 12-19
  • Fee sharing between discharged lawyer and successor lawyer : 12-11
  • Fee for estate planning calculated upon percentage of estate value : 12-02
  • Transfer of dissolved corporate client’s funds held in trust by lawyer to lawyer as fees : 02-02
  • Fee for reduction of lien, common fund doctrine. : 97-08
  • Responsibility for payment of court reporter’s fees : 94-17
  • Disclosure of confidential client information to collect fee or defend against wrongful conduct : 94-10
  • Charging interest on litigation expenses advanced to client : 94-06
  • Deduction of attorney fees from funds held in escrow : 93-17
  • Assisting client to obtain loan to pay attorney fees : 92-09
  • Secretarial overtime : 91-06
  • Entitlement to fee upon determination of conflict and subsequent withdrawal : 90-26
  • Lawyer transferring client funds held in trust for lawyer’s fees : 88-15
  • Interest on past due bills or advanced expenses : 87-10
  • Compensation and reimbursement of witnesses : 87-05
  • Disbarred lawyer fees in contingent matter : 87-03
  • Payment of expert witness contingent on outcome : 86-03
  • Computerized legal research : 85-09
  • Rebate from title insurance company : 799
  • Claim for portion of in-house lawyer’s salary in mortgage foreclosure : 768
  • Non-refundable retainer : 722

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.