Practice Tools

ISBA Ethics Opinions by Year


2014

  • 14-01
    Client Funds and Property; Fees and Expenses : Credit card used to fund a security retainer.
  • 14-02
    Communication with Unrepresented Person; Plea Agreements; Prosecutors : Tendering plea agreements to unrepresented defendants.
  • 14-03
    Conflict of Interest; Professional Independence of Lawyer; Sharing Fees with Nonlawyers; Unauthorized Practice of Law : In-house corporate lawyer may not provide legal services to the corporate employer's customers.
  • 14-04
    Advertising and Solicitation; Unauthorized Practice of Law : Solicitation of personal injury cases in Illinois by non-Illinois licensed lawyer.
  • 14-05
    Conflict of Interest; Conflict of Interest-Personal Interest; Government Representation; Prosecutors : State's Attorney representing county in labor negotiaitons with county law enforcement personnel.
  • 14-06
    Advertising and Solicitation : Wearing firm apparel bearing firm logo during television interview.
  • 14-07
    Advice to Client; Government Representation; Scope of Representation : Providing legal services to clients under the Compassionate Use of Medical Cannabis Pilot Program Act .

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 litem in adoption proceeding to contact petitioners' counsel prior to interviewing petitioners or minors at issue.
  • 13-07
    Conflict of Interest; Government Representation; Prosecutors : Lawyer serving as both a municipal prosecutor and administrative hearing officer for the same municipality.
  • 13-08
    Multijurisdictional Practice; Nonlawyer Assistants; Unauthorized Practice of Law : Practicing immigration law in Illinois by non-Illinois admitted lawyer.
  • 13-09
    Communication with Represented Person : Direct communication with government representatives.
  • 13-10
    Communication with Client : Sharing discovery materials with criminal defendant client.

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.