Practice Tools

ISBA Ethics Opinions on Prosecutors

  • Fee sharing upon partner becoming government prosecutor : 03-06
  • Concurrent representation of civil and criminal defendants while acting as special prosecutor in same jurisdiction : 94-16
  • Ex parte communication to obtain emergency relief : 93-12
  • Prosecutor leases office space to lawyers who may represent clients adverse to prosecutor : 93-08
  • Representation of defendant in civil litigation after prosecution of same defendant in same or related matter : 92-19
  • Representation of prosecutors in civil matter unrelated to their office while opposing them on behalf of criminal defendants : 92-18
  • Lawyer non-profit organization board member support of legislative initiative adverse to client : 91-27
  • Part-time county prosecutor representing criminal defendants in adjacent counties : 91-22
  • Part-time public defender prosecuting appeals on behalf of State Appellate Prosecutors Office in unrelated matters : 91-01
  • Part-time county prosecutor representing prisoners in civil rights cases against law enforcement officers in adjacent counties : 90-29
  • Prosecutor’s communication with, and initiated by, defendant without consent of defendants lawyer : 89-04
  • Prosecutor’s acceptance of referral fee for violation of county ordinance : 89-02
  • State’s Attorney communication with represented defendant : 88-10
  • Lawyers within same firm acting as criminal defense counsel and part-time county prosecutors in unrelated matters : 86-04
  • Part-time prosecutor primarily in civil matters representing criminal defendants in adjacent counties : 86-02
  • County prosecutor responsible for family court matters representing private clients in same county : 871
  • Representation of client in personal injury matter by firm that includes former county prosecutors of same client arising out of same facts : 84-05
  • Part-time municipal prosecutor representing criminal defendants in same county : 852
  • Part-time prosecutor representing clients in matters before county board : 789
  • Partner of part-time county prosecutor in civil matter representing criminal defendant : 729

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.