Practice Tools

ISBA Ethics Opinions on Former Client

  • Representation of new client in matter in which former client in unrelated matter may testify against new client : 05-01
  • Lawyer representing trust beneficiary against former client trust in unrelated matter : 98-01
  • Brief but substantive discussion with plaintiff in dispute with university does not preclude attorney joining university legal staff : 95-04
  • Representation of one spouse against the other spouse (and former client) : 94-15
  • Representing clients in a matter related to, but consistent with the interests of, a former client : 93-18
  • Use of client information subsequent to representation : 92-22
  • Negotiating leases adverse to former client : 91-11
  • Representation of estate (including judgment debtor beneficiary) adverse to former client judgment creditor : 91-05
  • Representing spouse in dissolution of marriage where lawyer formerly represented both spouses in various matters : 90-05
  • Lawyer representing interests adverse to former client and using confidential, but public, information : 88-07
  • Lawyers obligations to a client are not transferred to another when client transfers interest in the subject matter of the representation : 86-17
  • Representing spouse against other spouse who is former client : 86-06
  • Lawyer representing client against spouse of former client : 85-11
  • Representing party against former client : 790
  • Representation adverse to former client in unrelated matter : 753
  • Lawyer representing client against former lawyer client’s client : 724
  • Law firm representation of defendant in personal injury matter adverse to position of former client (now plaintiff) in traffic matter arising out of same matter : 704
  • Law firm representing party seeking amendments to contract that law firm drafted on behalf of former client : 691

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.