Practice Tools

ISBA Ethics Opinions by Year

2013

  • 13-01
    Court Obligations; Fees and Expenses : Collecting a fee in excess of an amount allowed by court order.
  • 13-02
    Arbitration and Mediation; Conflict of Interest; Multiple Representation : Representing business parters in same partnership adverse to each other in an arbitration proceeding.
  • 13-03
    Arbitration and Mediation; Unauthorized Practice of Law : Nonlawyer's representation of parties to a FINRA arbitration.
  • 13-04
    Business Transactions with Clients; Conflict of Interest; Government Lawyers : Lawyer owner and officer of financial institution serving as counsel to municipality which does business with financial institution.
  • 13-05
    Client Fraud; Court Obligations; Withdrawal from Representation : Lawyers discovery that client has submitted false evidence to a tribunal.
  • 13-06
    Communication with Represented Person; Guardians and Guardianship : Obligation of lawyer acting as a guardian ad litum in adoption proceeding to contact petitioners' counsel prior to interviewing petitioners or minors at issue.

2012

  • 12-01
    Threatening Criminal Prosecution : Lawyer's participation in presenting NSF check to state's attorney for prosecution on behalf of a client.
  • 12-02
    Fees and Expenses : Fee for estate planning calculated upon percentage of estate value.
  • 12-03
    Advertising and Solicitation; Confidentiality; Referral Fees and Arrangements : Lawyer's participation in networking group with nonlawyer professionals.
  • 12-04
    Advertising and Solicitation : Labeling direct solicitations as "Advertising Material".
  • 12-05
    Conflict of Interest; Prospective Clients : Duties owed to prospective client when considering representing a different individual in the same matter.
  • 12-06
    Client Files; Law Firms : Maintenance of client files and records.
  • 12-07
    Court Obligations : Disclosure to court of opposing party's potential affirmative defense.
  • 12-08
    Confidentiality; Government Lawyers : Duty to disclose confidential information provided by a client that might reveal possible child sexual abuse by a non-client.
  • 12-09
    Multijurisdictional Practice; Unauthorized Practice of Law : Non-Illinois lawyer partnering with Illinois lawyer in Illinois and advising clients on Illinois law.
  • 12-10
    Confidentiality; Impaired Client; Withdrawal from Representation : Withdrawal from representation and disclosure to court of client's increasingly impaired mental capacity.
  • 12-11
    Discharge of Lawyer; Division of Fees; Fees and Expenses : Fee sharing between discharged lawyer and successor lawyer.
  • 12-12
    Appearance of Impropriety; Conflict of Interest - Personal Interests; Government Representation; Imputed Disqualification : Defending government entity in matter brought by law firm partner and availability of government entity's informed consent to allow representation in other matters.
  • 12-13
    Conflict of Interest - Personal Interests; Government Representation; Imputed Disqualification : Representing municipality in non-adjudicative zoning matter oppossed by law firm partner and availability of municipality informed consent to allow representation in other matters..
  • 12-14
    Advertising and Solicitation; Communication with Client; Law Firm Partnership and Employment Agreements; Law Firms : Duties and obligations of departing law firm associate.
  • 12-15
    Confidentiality : Use of listservs or online discussion groups.
  • 12-16
    Confidentiality; Conflict of Interest : Participation in mentoring programs.
  • 12-17
    Advertising and Solicitation; Arbitration and Mediation; Multijurisdictional Practice; Unauthorized Practice of Law : Non Illinois licensed lawyer representing party in Illinois arbitration proceeding.
  • 12-18
    Conflict of Interest; Prospective Clients : Taint Shopping.
  • 12-19
    Client Funds and Property; Fees and Expenses; Fees Paid by Third Party : Use of advance payment retainers in family law matters.
  • 12-20
    Contingent Fees : Propriety of charging contingent fee for discovering and collecting unclaimed property.

2011

  • 11-01
    Arbitration and Mediation; Reporting Lawyer Misconduct : Reporting lawyer misconduct while serving as an arbitrator or mediator.
  • 11-02
    Conflict of Interest; Restrictions on a Lawyer’s Practice : Agreement limiting lawyer's subsequent use of third party consultant's ideas and advice.
  • 11-03
    Client Files : Withdrawn : Maintenance of client files and records.
  • 11-04
    Conflict of Interest - Personal Interests; Imputed Disqualification : Lawyer's cross examination of spouse.
  • 11-05
    Multiple Representation : Lawyer likely to be disqualified as necessary witness at trial may continue to represent client up until trial.
  • 11-06
    Lawyer as Witness : Lawyer likely to be disqualifited as necessary witness at trial may continue to repreesent client up until trial.

2010

  • 10-01
    Confidentiality : Law firm’s use of a third party technology vendor.
  • 10-02
    Referral Fees and Arrangements : Reciprocal referral agreements.

2009

  • 09-01
    Communication with Corporate Employees; Communication with Represented Person; Communication with Unrepresented Person : Communications with current and former corporate constituents.
  • 09-02
    Conflict of Interest; Imputed Disqualification; Multiple Representation : Concurrent representation of physician and co-defendant hospital in unrelated matters.

2007

  • 07-01
    Conflict of Interest; Government Representation : Concurrent representation of private parties against government entities and as counsel for other government entities in unrelated matters.
  • 07-02
    Of Counsel Designation; Retirement and Sale of Law Practice : Continued practice after sale of law practice.

2006

  • 06-01
    Client Funds and Property; Financial Assistance to Clients : Lawyer’s personal guarantee to pay liens and subrogation claims.
  • 06-02
    Advertising and Solicitation; Division of Fees; Unauthorized Practice of Law : Third party vendor lawyer promotion (advertising) and compensation.

2005

  • 05-01
    Former Client : Representation of new client in matter in which former client in unrelated matter may testify against new client.

2004

  • 04-01
    Conflict of Interest - Interests in Common Fund and Property : Representation of two clients with competing interests in property possessed by third-party.
  • 04-02
    Communication with Represented Person : Communication with represented party in employment negotiations.
  • 04-03
    Arbitration and Mediation; Communication with Unrepresented Person; Scope of Representation : Mediator preparing post-mediation divorce documents for unrepresented spouse to file pro se.

2003

  • 03-01
    Withdrawn : Duties to former clients.
  • 03-02
    Law Firm Name and Letterhead; Of Counsel Designation : Firm name implying partnership, referencing Of Counsel relationship.
  • 03-03
    Advertising and Solicitation; Law Firm Name and Letterhead : Capital Litigation Trial Bar designation.
  • 03-04
    Communication with Client; Withdrawal from Representation : Missing client.
  • 03-05
    Advertising and Solicitation; Dual Professions : Identifying non-legal accreditations.
  • 03-06
    Contingent Fees; Division of Fees; Prosecutors : Fee sharing upon partner becoming government prosecutor.
  • 03-07
    Confidentiality; Nonlawyer Assistants : Use of Interpreters.

2002

  • 02-01
    Board of Directors; Conflict of Interest : Lawyer serving on Board of Directors of insurance reinsurer and representing its customers.
  • 02-02
    Client Funds and Property; Fees and Expenses : Transfer of dissolved corporate client’s funds held in trust by lawyer to lawyer as fees.
  • 02-03
    Contingent Fees : Post judgment proceedings to determine property rights..
  • 02-04
    Multijurisdictional Practice; Unauthorized Practice of Law : Lawyer negotiating accident related medical claims in jurisdiction in which not licensed.

2001

  • 01-01
    Client Files; Client Funds and Property; Communication with Client : Former client access to lawyer’s file.
  • 01-02
    Client Files; Client Funds and Property; Withdrawal from Representation : Failure to pay legal fees, disposal of files.
  • 01-03
    Withdrawn : Ex parte communications.
  • 01-04
    Lawyer Referral Services; Reporting Lawyer Misconduct : Fee dispute.
  • 01-05
    Arbitration and Mediation; Division of Fees; Referral Fees and Arrangements : Mediation firm paying nonlawyers in exchange for case referrals.
  • 01-06
    Communication with Adverse Person; Frivolous Arguments : Harassment of opposing party and third-persons.
  • 01-07
    Conflict of Interest : Lawyers in same firm representing distinct local units of government.

2000

  • 00-01
    Withdrawn : Confidentiality agreements and restrictions on the right to practice.
  • 00-02
    Confidentiality; Fees Paid by Third Party; Impaired Client : Confidentiality of impaired client’s medical report.

1999

  • 99-01
    Conflict of Interest : Concurrent representation of clients with divergent interests in different, but related, matters.
  • 99-02
    Withdrawn : Referrals from non-lawyers.
  • 99-03
    Advertising and Solicitation; Communication with Represented Person; Conflict of Interest - Transactional Matters : Lawyer for lending institution seeking to represent already represented borrower.
  • 99-04
    Withdrawn : Disclosure of client fraud to tribunal.
  • 99-05
    Withdrawn : Prosecutorial discretion.
  • 99-06
    Business Transactions with Clients; Conflict of Interest - Transactional Matters : Lawyer acting as a trust administrator for, and being compensated by, investment trust company.
  • 99-07
    Communication with Unrepresented Person : Lawyer for lender compensated by borrower.
  • 99-08
    Conflict of Interest - Transactional Matters; Discharge of Lawyer; Scope of Representation : Lawyer’s preparation of trust documents directing trustee to employ lawyer or lawyer’s firm.

1998

  • 98-01
    Former Client : Lawyer representing trust beneficiary against former client trust in unrelated matter.
  • 98-02
    Division of Fees; Temporary Lawyers : Division of fees/compensation of contractual lawyer.
  • 98-03
    Business Transactions with Clients; Conflict of Interest; Dual Professions : Lawyer paid fees for making referrals between inventor clients and product promoter clients.
  • 98-04
    Communication with Client; Confidentiality; Inadvertent Receipt and Disclosure of Confidential Materials : Lawyer inadvertently receives confidential information from opposing party.
  • 98-05
    Reporting Lawyer Misconduct : Discovery abuses.
  • 98-06
    Communication with Unrepresented Person; Conflict of Interest - Litigation Matters : Representing one spouse in divorce and both spouses in bankruptcy.
  • 98-07
    Withdrawn : Disclosure of client fraud.
  • 98-08
    Insurance Representation : Lawyer duties to client insured while retained and paid by insurer.
  • 98-09
    Withdrawn : Enforceability of fee sharing agreement by deceased attorney’s estate.

1997

  • 97-01
    Confidentiality; Referral Fees and Arrangements : Disclosing client identity.
  • 97-02
    Advertising and Solicitation : Lawyer’s employee in-person solicitation.
  • 97-03
    Unauthorized Practice of Law : Corporation providing legal services.
  • 97-04
    Business Transactions with Clients; Referral Fees and Arrangements : Fee for referring clients to other nonlawyer professionals.
  • 97-05
    Advertising and Solicitation; Lawyer Referral Services; Referral Fees and Arrangements : For profit referral service.
  • 97-06
    Advertising and Solicitation; Division of Fees : Prerecorded telephone legal information hotline.
  • 97-07
    Business Transactions with Clients; Dual Professions : Lawyer owned corporation preparing and placing public notice advertisements.
  • 97-08
    Contingent Fees; Fee Agreements; Fees and Expenses : Fee for reduction of lien, common fund doctrine..
  • 97-09
    Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice : Non-compete provision of partnership agreement.

1996

  • 96-01
    Advertising and Solicitation : Distribution of materials at public seminar.
  • 96-02
    Advertising and Solicitation : Third-party solicitation on behalf of a lawyer.
  • 96-03
    Communication with Adverse Person; Deceased or Missing Clients : Disclosure of client’s death.
  • 96-04
    Advertising and Solicitation; Division of Fees; Unauthorized Practice of Law : Private practice in the name of a nonlawyer owned corporation.
  • 96-05
    Conflict of Interest - Transactional Matters : Lawyer representing renouncing spouse and claimant in same estate matter, lawyer representing executor and debtor in same estate matter.
  • 96-06
    Conflict of Interest - Litigation Matters; Fees Paid by Third Party; Impaired Client : Concurrent representation of parents and minor child.
  • 96-07
    Government Representation : Successive government and private employment.
  • 96-08
    Advertising and Solicitation; Scope of Representation : Advertising “specialization,” delegation of work outside firm.
  • 96-09
    Advertising and Solicitation; Communication with Represented Person; Reporting Lawyer Misconduct : Discharged lawyer contacting represented former client, duty to report.
  • 96-10
    Advertising and Solicitation; Confidentiality; E-mail : Use of e-mail, Lawyer Websites.
  • 96-11
    Communication with Client; Impaired Lawyer : Duty to disclose information about referring lawyer’s practice.

1995

  • 95-01
    Board of Directors; Conflict of Interest - Personal Interests; Corporate and In-House Counsel : Lawyer for corporation related to corporate president and principal shareholder.
  • 95-02
    Client Files; Law Firms : Access to client files after lawyer leaves firm.
  • 95-03
    Advertising and Solicitation; Conflict of Interest; Guardians and Guardianship : Court appointed guardian ad litem for minor may represent that minor in personal injury litigation arising out of matter in which attorney acted as guardian ad litem.
  • 95-04
    Former Client; Prospective Clients : Brief but substantive discussion with plaintiff in dispute with university does not preclude attorney joining university legal staff.
  • 95-05
    Conflict of Interest; Government Representation; Imputed Disqualification : Lawyer representing municipality in various defense matters may bring unrelated claim against municipal agency only with consent of both clients.
  • 95-06
    Financial Assistance to Clients : Improper for attorney to advance financial assistance to client for medical services.
  • 95-07
    Unauthorized Practice of Law : Improper for nonlawyer to provide assistance or advice in completing corporate documents such as articles of incorporation.
  • 95-08
    Withdrawn : Business cards.
  • 95-09
    Withdrawn : Appearing before government body on which attorney’s employee serves as a member.
  • 95-10
    Misrepresentation : Failure to disclose material alteration of document by lawyer.
  • 95-11
    Client Funds and Property; Fee Agreements : Improper to negotiate settlement check of missing client.
  • 95-12
    Communication with Represented Person; Threatening Disciplinary Action : Threatening disciplinary prosecution to gain advantage in ordinance violation matter and communicating with represented government party.
  • 95-13
    Overruled : Withdrawal from representation to seek other clients.
  • 95-14
    Client Fraud; Court Obligations : Duty to disclose fraudulent indigency affidavit filed by client with the court.
  • 95-15
    Conflict of Interest - Organizational Affiliates : Adverse representation of corporate affiliate of current corporate client.
  • 95-16
    Contingent Fees : Fee for post-judgment dissolution of marriage matters.

1994

  • 94-01
    Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law : Drafting documents but delegating legal advice on those documents to nonlawyers.
  • 94-02
    Withdrawn : Solicitation of clients by non-licensed Illinois attorney.
  • 94-03
    Advertising and Solicitation; Government Representation : Social hospitality to elected and appointed government officials.
  • 94-04
    Advertising and Solicitation; Referral Fees and Arrangements : Lawyer participation in informational seminar and subsequent legal representation.
  • 94-05
    Withdrawn : Unauthorized practice of law by non-Illinois licensed attorney in arbitration matters.
  • 94-06
    Fees and Expenses : Charging interest on litigation expenses advanced to client.
  • 94-07
    Communication with the Court : Ex Parte request from Court to draft order.
  • 94-08
    Advertising and Solicitation; Referral Fees and Arrangements; Unauthorized Practice of Law : Client referrals from nonlawyer in exchange for payments.
  • 94-09
    Former Judge; Imputed Disqualification : Former judge discussing and advising on case in which judge was previously substantially involved.
  • 94-10
    Confidentiality; Fees and Expenses : Disclosure of confidential client information to collect fee or defend against wrongful conduct.
  • 94-11
    Advertising and Solicitation; Division of Fees : Participation in for profit telephone legal advice hotline managed and advertised by nonlawyers.
  • 94-12
    Advertising and Solicitation; Division of Fees; Referral Fees and Arrangements : Participation in for profit lawyer referral service managed and advertised by nonlawyers.
  • 94-13
    Client Files : Duty to provide contents of client file.
  • 94-14
    Client Files : Duty to provide contents of client file.
  • 94-15
    Former Client : Representation of one spouse against the other spouse (and former client).
  • 94-16
    Government Representation; Prosecutors : Concurrent representation of civil and criminal defendants while acting as special prosecutor in same jurisdiction.
  • 94-17
    Fees and Expenses : Responsibility for payment of court reporter’s fees.
  • 94-18
    Withdrawn : Reporting lawyer misconduct.
  • 94-19
    Withdrawn : Destruction of client files.
  • 94-20
    Imputed Disqualification; Lawyer Holding Public Office : Lawyer representing client against municipality which employs lawyer’s partner as police officer.
  • 94-21
    Conflict of Interest; Government Lawyers; Government Representation : Representation of client adverse to current municipal client in different matters.
  • 94-22
    Overruled : Referrals and fee splitting.
  • 94-23
    Reporting Lawyer Misconduct : Duty to report conduct of non-Illinois lawyer.
  • 94-24
    Withdrawn : Disclosure of client fraud to the tribunal.

1993

  • 93-01
    Business Transactions with Clients; Dual Professions : Lawyer as title insurance agent.
  • 93-02
    Conflict of Interest : Lawyer garnishing bank account on behalf of creditor while representing bank in unrelated matters.
  • 93-03
    Client Funds and Property; Reporting Lawyer Misconduct : Duty to report improper financial assistance to client.
  • 93-04
    Confidentiality : Disclosure of client billing records to firm’s financial institution.
  • 93-05
    Threatening Criminal Prosecution : Reporting NSF check to local prosecutor.
  • 93-06
    Withdrawn : Disclosure of client’s past criminal conduct.
  • 93-07
    Lawyer as Witness : Representing plaintiff and testifying to conversations with defendant.
  • 93-08
    Conflict of Interest; Prosecutors : Prosecutor leases office space to lawyers who may represent clients adverse to prosecutor.
  • 93-09
    Conflict of Interest - Litigation Matters : Representing driver and passenger in automobile accident litigation.
  • 93-10
    Advertising and Solicitation : In-person solicitation of employment.
  • 93-11
    Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law : Lawyer hired by third party.
  • 93-12
    Ex Parte Communications; Prosecutors : Ex parte communication to obtain emergency relief.
  • 93-13
    Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice : Firm employment agreement requiring execution of promissory note as guarantee lawyer shall not compete with firm after termination of relationship.
  • 93-14
    Communication with Unrepresented Person : Contact with opposing party insured while insured assisted by insurance company adjuster but not an attorney.
  • 93-15
    Unauthorized Practice of Law : Nonlawyer representatives in Illinois Department of Employment Hearings.
  • 93-16
    Client Fraud; Confidentiality : Lawyer knowledge of past tax violations.
  • 93-17
    Client Funds and Property; Fees and Expenses : Deduction of attorney fees from funds held in escrow.
  • 93-18
    Former Client : Representing clients in a matter related to, but consistent with the interests of, a former client.
  • 93-19
    Negotiations : Negotiating strategy including suggestions of adverse post-trial publicity.
  • 93-20
    Reporting Lawyer Misconduct : Duty to report conflicts of interest.

1992

  • 92-01
    Withdrawn : Dual representation.
  • 92-02
    Insurance Representation : Lawyer retained by insurance company to represent insured, potential coverage dispute..
  • 92-03
    Communication with Represented Person : Communication with elected government officials.
  • 92-04
    Board of Directors : Lawyer serving as General Counsel and board member.
  • 92-05
    Arbitration and Mediation; Dual Professions : Lawyer engaged in divorce mediation business with nonlawyer.
  • 92-06
    Withdrawn : Out of state attorney filing lawsuit in Illinois federal court.
  • 92-07
    Temporary Lawyers : Law firm hiring temporary lawyers on hourly basis.
  • 92-08
    Advertising and Solicitation; Referral Fees and Arrangements : Corporate client recommends its law firm to corporate employees and secures reduced fees for the employees.
  • 92-09
    Fees and Expenses; Financial Assistance to Clients : Assisting client to obtain loan to pay attorney fees.
  • 92-10
    Withdrawn : Former judge’s use of the term “judge” in client development.
  • 92-11
    Withdrawn : Disqualification of prosecutor with personal relationship to opposing counsel.
  • 92-12
    Confidentiality; Impaired Lawyer; Reporting Lawyer Misconduct : Duty to report age impaired incompetent lawyer.
  • 92-13
    Lawyer as Witness : Testimony related to collection of attorney fees.
  • 92-14
    Withdrawn : Restrictions on in-house departing lawyer’s right to practice.
  • 92-15
    Withdrawn : Municipality’s employment of non-Illinois licensed attorney as personnel officer.
  • 92-16
    Advertising and Solicitation; Referral Fees and Arrangements : Reduced fees to government employee in exchange for potential referrals.
  • 92-17
    Advertising and Solicitation : Direct mail solicitations.
  • 92-18
    Conflict of Interest; Lawyer Representing Lawyer; Prosecutors : Representation of prosecutors in civil matter unrelated to their office while opposing them on behalf of criminal defendants.
  • 92-19
    Prosecutors : Representation of defendant in civil litigation after prosecution of same defendant in same or related matter.
  • 92-20
    Unauthorized Practice of Law : Representation of client after client advised by nonlawyer.
  • 92-21
    Communication with Client; Ex Parte Communications : Attorney communication with client spouse who is a judge.
  • 92-22
    Former Client : Use of client information subsequent to representation.
  • 92-23
    Lawyer Referral Services : For profit lawyer referral service.
  • 92-24
    Withdrawn : Sharing fees with non-attorney.

1991

  • 91-01
    Conflict of Interest; Prosecutors : Part-time public defender prosecuting appeals on behalf of State Appellate Prosecutors Office in unrelated matters.
  • 91-02
    Withdrawn : Disclosure of partnership affiliation.
  • 91-03
    Division of Fees; Fees Paid by Third Party; Referral Fees and Arrangements : Lawyer retained by collection agency on behalf of creditor.
  • 91-04
    Lawyer Holding Public Office : Lawyer holding office as county board member defending clients in criminal proceedings in same county.
  • 91-05
    Former Client : Representation of estate (including judgment debtor beneficiary) adverse to former client judgment creditor.
  • 91-06
    Fees and Expenses : Secretarial overtime.
  • 91-07
    Reporting Lawyer Misconduct : Duty to report client’s prior attorney’s fraud.
  • 91-08
    Conflict of Interest; Fees Paid by Third Party : Representation of mother and minor daughter in paternity action.
  • 91-09
    Lawyer Holding Public Office : Lawyer serving in volunteer advisory position to local government.
  • 91-10
    Unauthorized Practice of Law : Participation in review of nonlawyer prepared financial and estate planning documents.
  • 91-11
    Former Client : Negotiating leases adverse to former client.
  • 91-12
    Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice : Employment agreement prohibiting solicitation of former firm clients.
  • 91-13
    Advertising and Solicitation; Contingent Fees : Charging contingent fee in non-litigation matters.
  • 91-14
    Withdrawn : Acting as intermediary in child placement service.
  • 91-15
    Withdrawn : Conflicts of insurance company in-house counsel.
  • 91-16
    Client Funds and Property : Disbursement of settlement proceeds to prior attorney without client consent.
  • 91-17
    Conflict of Interest : Public defenders with shared common office and support staff representing adverse interests in single proceeding.
  • 91-18
    Fees Paid by Third Party : Representation of property owner’s through a real estate broker association.
  • 91-19
    Reporting Lawyer Misconduct : Publicity concerning report to disciplinary agency.
  • 91-20
    Withdrawn : Representing new client in same matter as formerly represented a different client.
  • 91-21
    Communication with Adverse Person; Communication with Represented Person : Lawyer communication with adverse party’s in-house counsel without knowledge of adverse party’s retained private counsel.
  • 91-22
    Prosecutors : Part-time county prosecutor representing criminal defendants in adjacent counties.
  • 91-23
    Reporting Lawyer Misconduct : Duty to report information learned through privileged communication.
  • 91-24
    Confidentiality; Court Obligations; Guardians and Guardianship : Duty to disclose theft of estate assets by guardian.
  • 91-25
    Withdrawn : Petition for fees by pro bono counsel.
  • 91-26
    Insurance Representation : Concurrent representation of multiple insurers while prosecuting subrogation claims.
  • 91-27
    Board of Directors; Law Reform Activities; Prosecutors : Lawyer non-profit organization board member support of legislative initiative adverse to client.
  • 91-28
    Conflict of Interest; Fees Paid by Third Party : Duties of lawyer to client and third party who benefits and may also pay lawyer fees.
  • 91-29
    Reporting Lawyer Misconduct; Threatening Criminal Prosecution : Duty to report opposing lawyers threat against client to pursue criminal prosecution.

1990

  • 90-01
    Withdrawn : Confidential information.
  • 90-02
    Business Transactions with Clients : Soliciting clients to become customers of lawyers business.
  • 90-03
    Conflict of Interest - Transactional Matters : Representation of multiple parties in real estate transaction.
  • 90-04
    Former Judge : Representing party in matter in which lawyer formerly acted as judge.
  • 90-05
    Former Client : Representing spouse in dissolution of marriage where lawyer formerly represented both spouses in various matters.
  • 90-06
    Law Firms : Sharing office space with nonlawyers.
  • 90-07
    Withdrawn : Use of mobile communication devices.
  • 90-08
    Reporting Lawyer Misconduct : Duty to report information gained during the attorney-client relationship and which has already been reported by others.
  • 90-09
    Withdrawn : Withdrawal when client seeks to pursue illegal course of conduct.
  • 90-10
    Withdrawn : Retainer fees.
  • 90-11
    Referral Fees and Arrangements : Referral fee to lawyer ethical prohibited from representing the client.
  • 90-12
    Withdrawn : Client Fraud.
  • 90-13
    Unauthorized Practice of Law : Financial institution preparing land trust or deed.
  • 90-14
    Withdrawn : Court appointed counsel and exercise of independent professional judgment.
  • 90-15
    Withdrawn : Preservation of confidential information when representing multiple clients.
  • 90-16
    Dual Professions : Lawyer operating nonlawyer business from law office.
  • 90-17
    Lawyer Holding Public Office : Lawyer city council member and law firm representing clients before city council.
  • 90-18
    Referral Fees and Arrangements : Reasonableness of referral fee.
  • 90-19
    Advertising and Solicitation; Unauthorized Practice of Law : Nonlawyer preparing revocable trust documents and/or initiating contact with potential clients for lawyer.
  • 90-20
    Division of Fees; Unauthorized Practice of Law : Lawyer employed by business preparing Revocable Living Trusts.
  • 90-21
    Withdrawn : Lawyer participation in networking group.
  • 90-22
    Withdrawn : Labeling marketing materials as “promotional".
  • 90-23
    Withdrawn : Lawyer employment arrangements to obtain advantageous health insurance benefits.
  • 90-24
    Conflict of Interest - Personal Interests : Married lawyers representing differing interests.
  • 90-25
    Court Appointed Lawyer; Financial Assistance to Clients : Lawyer as surety on personal representatives bond, court appointment from judge to whom lawyer made campaign contributions.
  • 90-26
    Conflict of Interest; Fees and Expenses; Withdrawal from Representation : Entitlement to fee upon determination of conflict and subsequent withdrawal.
  • 90-27
    Confidentiality : Duties of public defenders to inform clients of unrelated investigations.
  • 90-28
    Reporting Lawyer Misconduct : Duty to report triggered by actual knowledge.
  • 90-29
    Prosecutors : Part-time county prosecutor representing prisoners in civil rights cases against law enforcement officers in adjacent counties.
  • 90-30
    Conflict of Interest : Continued representation of client where opposing lawyer threatens civil prosecution against lawyer for actions arising out of representation.
  • 90-31
    Conflict of Interest - Transactional Matters : Representing buyer and lender in real estate transaction.
  • 90-32
    Business Transactions with Clients; Dual Professions : Lawyer acting as insurance and investment professional.
  • 90-33
    Withdrawn : Allowing attorney fees for collecting attorney fees from client.
  • 90-34
    Conflict of Interest; Government Representation : Law firm representing municipality and criminal defendants charged in municipality.
  • 90-35
    Unauthorized Practice of Law : Lawyer preparing estate documents for members of not-for-profit organization.
  • 90-36
    Reporting Lawyer Misconduct : Duty to report threats of criminal prosecution.
  • 90-37
    Advertising and Solicitation : Solicitation via written communication.

1989

  • 89-01
    Conflict of Interest - Transactional Matters : Representing business broker on behalf of buyer and seller in same transaction.
  • 89-02
    Prosecutors; Referral Fees and Arrangements : Prosecutor’s acceptance of referral fee for violation of county ordinance.
  • 89-03
    Overruled : Use of local counsel with potential conflict.
  • 89-04
    Communication with Represented Person; Prosecutors : Prosecutor’s communication with, and initiated by, defendant without consent of defendants lawyer.
  • 89-05
    Nonlawyer Assistants : Participation in law firm profit sharing plan by nonlawyer employees.
  • 89-06
    Law Firm Name and Letterhead : Identifying predecessor firms on letterhead.
  • 89-07
    Reporting Lawyer Misconduct : Duty to report claims of ineffective assistance of counsel.
  • 89-08
    Withdrawn : Reporting false statements of a deponent.
  • 89-09
    Withdrawn : State’s Attorney filing divorces in county in which he serves.
  • 89-10
    Withdrawn : State’s Attorney representation of County in criminal and civil matter arising out of same matter.
  • 89-11
    Conflict of Interest; Disciplinary Proceedings; Withdrawal from Representation : Continuing representation after client files disciplinary charge against lawyer.
  • 89-12
    Withdrawn : Withdrawal and tribunal consent.
  • 89-13
    Confidentiality; Court Obligations; Deceased or Missing Clients : Disclosure to Court that client is no longer in contact with lawyer.
  • 89-14
    Business Transactions with Clients : Lawyer as insurance agent.
  • 89-15
    Conflict of Interest; Government Representation : Participation of city attorney in ordinance adoption proceeding where city attorney will personally benefit.
  • 89-16
    Plea Agreements : Conditioning Plea Agreement on dismissal of civil action.
  • 89-17
    Insurance Representation : Lawyer retained by insurance company on behalf of insured.
  • 89-18
    Conflict of Interest : Lawyer employed by university representing terminated university employee in criminal matter unrelated to employment.

1988

  • 88-01
    Withdrawn : Participation in confession of judgment proceeding.
  • 88-02
    Imputed Disqualification; Screening : Former public defender hired as assistant state’s attorney in same county.
  • 88-03
    Communication with Unrepresented Person : Lawyer for spouse in dissolution matter rendering advice to unrepresented spouse.
  • 88-04
    Deceased or Missing Clients : Settling case and recovering fee in matter with missing client.
  • 88-05
    Board of Directors; Conflict of Interest : Lawyer on board of directors of financial institution representing competing institutions in unrelated matters.
  • 88-06
    Lawyer Holding Public Office : Lawyer member of school board representing client adverse to school board.
  • 88-07
    Confidentiality; Former Client : Lawyer representing interests adverse to former client and using confidential, but public, information.
  • 88-08
    Nonlawyer Assistants; Unauthorized Practice of Law : Collection agency employing nonlawyer, or utilizing law firm paralegal, to answer inquiries from the collection agency’s office in the name of a law firm.
  • 88-09
    Withdrawn : Private hearing officer for agency representing clients before same agency.
  • 88-10
    Communication with Represented Person; Prosecutors : State’s Attorney communication with represented defendant.
  • 88-11
    Withdrawn : Disclosure of predecessor attorney malpractice.
  • 88-12
    Withdrawn : Pro se representation against former client.
  • 88-13
    Client Funds and Property; Confidentiality; Court Obligations : Lawyer advised, or in possession, of client incriminating physical evidence by third person..
  • 88-14
    Overruled : Conflict of interests.
  • 88-15
    Client Funds and Property; Fees and Expenses : Lawyer transferring client funds held in trust for lawyer’s fees.
  • 88-16
    Conflict of Interest : Lawyer employed by student funded university student legal services representing individual students against other students.
  • 88-17
    Reporting Lawyer Misconduct : Duty to report conduct of disbarred lawyer.

1987

  • 87-01
    Law Firm Name and Letterhead; Nonlawyer Assistants : Names of nonlawyer firm employees on firm letterhead.
  • 87-02
    Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law : Lawyer taking direction from client’s agent real estate broker.
  • 87-03
    Contingent Fees; Fees and Expenses : Disbarred lawyer fees in contingent matter.
  • 87-04
    Conflict of Interest; Government Representation : Part-time county public defender representing civil client adverse to county.
  • 87-05
    Fees and Expenses; Witnesses : Compensation and reimbursement of witnesses.
  • 87-06
    Insurance Representation : Representation of insured in underlying matter and insurer in declaratory action against other insurers.
  • 87-07
    Threatening Disciplinary Action : Threat by current attorney against former attorney to coerce settlement.
  • 87-08
    Withdrawn : Attorney’s spouse as court reporter.
  • 87-09
    Withdrawn : Disclosure of client intent to commit a crime.
  • 87-10
    Fees and Expenses : Interest on past due bills or advanced expenses.
  • 87-11
    Withdrawn : Representation adverse to former client.
  • 87-12
    Withdrawn : Designation as counsel on accountant’s stationary.
  • 87-13
    Withdrawn : Assistant Attorney General representing agency and private client with adverse interests.
  • 87-14
    Withdrawn : Private hearing officer for agency representing clients before same agency.
  • 87-15
    Client Fraud; Confidentiality : Duty to report client’s spouse apparent IRS fraud.

1986

  • 86-01
    Withdrawn : Law firm representing criminal defendants and county in unrelated matters.
  • 86-02
    Prosecutors : Part-time prosecutor primarily in civil matters representing criminal defendants in adjacent counties.
  • 86-03
    Fees and Expenses; Witnesses : Payment of expert witness contingent on outcome.
  • 86-04
    Government Representation; Prosecutors : Lawyers within same firm acting as criminal defense counsel and part-time county prosecutors in unrelated matters.
  • 86-05
    Withdrawn : Representing public agency adverse to another public agency in which partner is member.
  • 86-06
    Former Client : Representing spouse against other spouse who is former client.
  • 86-07
    Conflict of Interest : Confession of judgments.
  • 86-08
    Law Firm Name and Letterhead; Unauthorized Practice of Law : Use of law firm letterhead by client with lawyer review and approval.
  • 86-09
    Threatening Criminal Prosecution : Threatening referral to county prosecutor of NSF check matter.
  • 86-10
    Court Obligations; Frivolous Arguments : Lawyer purposefully filing actions in improper venue.
  • 86-11
    Communication with Unrepresented Person : Lawyer representing spouse drafts appearance form for unrepresented spouse.
  • 86-12
    Conflict of Interest : Lawyer representing police officer in disciplinary matter and criminal defendants in same jurisdiction.
  • 86-13
    Government Representation : Part-time private lawyer representing municipality and criminal defendants charged with municipal ordinance violations.
  • 86-14
    Board of Directors : Lawyer serving on board of directors and representing organization.
  • 86-15
    Conflict of Interest - Transactional Matters : Lawyer representing buyer and seller of real estate.
  • 86-16
    Communication with Client; Law Firm Partnership and Employment Agreements; Law Firms : Departing firm associate communications with client and entitlement to fees.
  • 86-17
    Conflict of Interest; Former Client : Lawyers obligations to a client are not transferred to another when client transfers interest in the subject matter of the representation.
  • 86-18
    Judges : Lawyer bearing expense of golf outing for clients and judges.
  • 86-19
    Judges; Law Reform Activities : Bar association invitations to judges for luncheon and annual meetings.

1985

  • 85-01
    Advertising and Solicitation : Sponsorship of athletic team.
  • 85-02
    Law Firm Name and Letterhead : Misrepresenting partnership status.
  • 85-03
    Dual Professions : Combined law and accounting practice.
  • 85-04
    Withdrawn : Stock transactions.
  • 85-05
    Communication with Adverse Person; Communication with Represented Person : Notice required by agreement directly to opposing person.
  • 85-06
    Court Obligations; Scope of Representation : Lawyer preparing pleadings and advising pro se litigant.
  • 85-07
    Law Firm Name and Letterhead; Unauthorized Practice of Law : Law firm providing letterhead to client.
  • 85-08
    Overruled : Litigation conflicts when opposing parties represented by family members.
  • 85-09
    Fees and Expenses : Computerized legal research.
  • 85-10
    Withdrawn : Former government lawyer.
  • 85-11
    Former Client : Lawyer representing client against spouse of former client.
  • 85-12
    Withdrawn : Communications with corporate employees.
  • 85-13
    Withdrawn : State’s Attorney representing other public bodies in county.
  • 85-14
    Conflict of Interest; Nonlawyer Assistants : Part-time public defenders sharing office space and secretary.

1984

  • 84-01
    Withdrawn : Financial institution providing office space and arranging client appointments.
  • 84-02
    Confidentiality; Court Obligations : Lawyer advising court of knowledge of privileged information affecting guilt/innocence of client.
  • 84-03
    Lawyer Holding Public Office : Lawyer county board member representing the State in condemnation proceedings with county.
  • 84-04
    Advertising and Solicitation : Lawyer engaging in direct mail and/or in person solicitation via the “Welcome Wagon.”.
  • 84-05
    Government Representation; Imputed Disqualification; Prosecutors : Representation of client in personal injury matter by firm that includes former county prosecutors of same client arising out of same facts.
  • 84-06
    Withdrawn : Lawyer called as a witness.
  • 84-07
    Withdrawn : Lawyer called as a witness.
  • 84-08
    Withdrawn : Lawyer appearing before public body on which lawyer’s partner serves as a member.
  • 84-09
    Contingent Fees : Fee in criminal matter contingent on outcome of related civil matter.
  • 84-10
    Law Firm Name and Letterhead : Use of names of deceased lawyers.
  • 84-11
    Withdrawn : Lawyer in public office.
  • 84-12
    Advertising and Solicitation : Solicitation of existing clients.
  • 84-13
    Withdrawn : Duties of departing associate.
  • 84-14
    Business Transactions with Clients; Dual Professions : Lawyer as real estate broker, or members of lawyer’s firm, representing lawyer/broker’s real estate customers.
  • 84-15
    Law Firm Partnership and Employment Agreements : Lawyer employment agreement requiring departing lawyer to share fees earned from former clients.
  • 832
    Advertising and Solicitation : Solicitation via “Welcome Wagon” service.
  • 840
    Of Counsel Designation; Referral Fees and Arrangements : Network of affiliated law firms.
  • 865
    Law Firm Name and Letterhead : Use of suspended lawyers name.
  • 866
    Judges : Lawyer campaign contributions to judges.
  • 870
    Conflict of Interest : Representation of client when lawyer has financial interest in client’s competitor.
  • 871
    Prosecutors : County prosecutor responsible for family court matters representing private clients in same county.

1983

  • 790
    Former Client : Representing party against former client.
  • 800
    Former Judge; Imputed Disqualification : Lawyer participating in matters in which he served as judge.
  • 801
    Referral Fees and Arrangements : Referrals from spouse.
  • 802
    Financial Assistance to Clients : Lawyer acting as surety for client bond.
  • 803
    Lawyer Holding Public Office : Law firm representing regional planning commission on which firm member sits.
  • 822
    Lawyer Representing Lawyer : Lawyer representing lawyer while frequently adverse to represented lawyer’s clients.
  • 827
    Advertising and Solicitation; Nonlawyer Assistants : Referrals from organization and use of organizations clerical staff.
  • 829
    Conflict of Interest : Law firm representing sole shareholder of corporation and plaintiff against corporation.
  • 841
    Business Transactions with Clients; Conflict of Interest - Transactional Matters : Lawyer member of Attorney’s Title Guaranty Fund using ATG services while representing seller of real estate.
  • 845
    Client Funds and Property; Deceased or Missing Clients : Holding funds of missing client.
  • 849
    Scope of Representation : Preparation of pleadings for pro se litigant.
  • 851
    Conflict of Interest : Lawyer representing corporation in bankruptcy and workers compensation claimant against corporation.
  • 852
    Government Representation; Prosecutors : Part-time municipal prosecutor representing criminal defendants in same county.

1982

  • 756
    Advertising and Solicitation : Billboards.
  • 763
    Advertising and Solicitation : Writing newspaper articles on general legal subjects.
  • 764
    Law Firms : Office sharing and common stationary.
  • 767
    Financial Assistance to Clients : Organization funding filing costs of small claims matters.
  • 768
    Corporate and In-House Counsel; Fees and Expenses : Claim for portion of in-house lawyer’s salary in mortgage foreclosure.
  • 776
    Of Counsel Designation : Independent lawyers providing nonexclusive work to law firm.
  • 784
    Referral Fees and Arrangements : Part-time public defender accepting referral fee for case related to police misconduct.
  • 789
    Prosecutors : Part-time prosecutor representing clients in matters before county board.
  • 794
    Communication with Represented Person : Communications with represented government entity.
  • 799
    Fees and Expenses : Rebate from title insurance company.
  • 812
    Advertising and Solicitation : Pens imprinted with firm name.
  • 817
    Lawyer Holding Public Office; Of Counsel Designation : Lawyer legislator as Of Counsel.

1981

  • 722
    Fees and Expenses : Non-refundable retainer.
  • 723
    Contingent Fees : Contingent fee in excess of court fee award.
  • 724
    Former Client; Lawyer Representing Lawyer : Lawyer representing client against former lawyer client’s client.
  • 725
    Law Firm Partnership and Employment Agreements : Contribution toward physical assets of firm upon election to partnership.
  • 727
    Advertising and Solicitation : Offering to conduct seminars on legal subjects.
  • 728
    Advice to Client : Advising and assisting client with non-fraudulent breach of contract.
  • 729
    Imputed Disqualification; Prosecutors : Partner of part-time county prosecutor in civil matter representing criminal defendant.
  • 736
    Law Firm Name and Letterhead : Use of similar law firm names.
  • 744
    Multijurisdictional Practice; Nonlawyer Assistants : Non-resident Illinois lawyer with Illinois office staffed by nonlawyer.
  • 748
    Government Representation : Municipal attorney representing criminal defendants charged in municipality.
  • 749
    Advertising and Solicitation : Identification of fields of concentration.
  • 753
    Former Client : Representation adverse to former client in unrelated matter.

1980

  • 684
    Nonlawyer Assistants; Unauthorized Practice of Law : Law firm employing nonlawyer collective bargaining professional.
  • 691
    Former Client : Law firm representing party seeking amendments to contract that law firm drafted on behalf of former client.
  • 698
    Conflict of Interest : Public defenders from same office represented co-defendants.
  • 700
    Advertising and Solicitation : Direct in person solicitation.
  • 702
    Advertising and Solicitation : Firm announcements.
  • 704
    Former Client : 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.
  • 705
    Advertising and Solicitation : Third-party solicitation.
  • 707
    Unauthorized Practice of Law : Use of lay intermediaries.
  • 709
    Law Firm Name and Letterhead : Use of deceased firm member’s name.

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.