Publications

Illinois Bar Journal
Articles on Ethics

Friending Your Enemies, Tweeting Your Trials: Using Social Media Ethically By Helen W. Gunnarsson October 2011 Article, Page 500 A look at the special ethical challenges that arise when lawyers use Facebook, Twitter and the like and how to address them.
Illinois Supreme Court Rule Changes: The Year So Far By Michele M. Jochner October 2011 Article, Page 520 From new IOLTA rules to a new official citation system, a range of important supreme court rule changes took effect from January through September of 2011.
Don’t be an oddsmaker By Helen W. Gunnarsson August 2011 Lawpulse, Page 382 It's a bad idea - maybe even an ethics no-no - to tell clients what you think their chances of winning are, an ISBA lawyer opines.
Are cell phones “contraband”? And what’s a “penal institution”? By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 A volunteer lawyer is charged with a felony for allegedly bringing "contraband" - her cell phone - into a police station interview room. Volunteering to represent indigents pro bono in an area of law with which you're unfamiliar? Your heart may be in the right place, but be careful.
Ethics in the age of Twitter By Helen W. Gunnarsson January 2011 Lawpulse, Page 10 An ABA ethics commission is looking for suggestions about how to bring the model ethics rules in line with globalization and 21st Century communications technology.
Selling Out By Helen W. Gunnarsson January 2011 Article, Page 20 The 2010 update of Illinois' ethics rules make it easier to sell a law practice. But what about practical issues like valuation and transition planning? Seasoned solos offer advice.
Succession Planning and the Duty of Diligence By John Cesario January 2011 Column, Page 46 Succession planning might just be part of your ethical duty of diligence.
ISBA ethics opinions: updated and easier to research By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 A new searchable online index of ethics opinions, freshly updated in light of the new rules, makes them a better resource than ever for ISBA members.
“It’s Toasted”: Lawyer websites and the rules of ethics By Karen Erger December 2010 Column, Page 645 So what can you say and do on your website? A new ABA ethics opinion provides guidance.
The New, More Clear, More Compete Rules: the Example of Rule 3.7 By Donald E. Weihl November 2010 Column, Page 594 The new version of Rule 3.7 ("Lawyer as Witness") doesn't change the law, but it expresses it more clearly.
Business Lawyers and the New Ethics Rules By Markus May October 2010 Column, Page 540 It's now easier to represent multiple clients, and to practice in Illinois if you're from out of state.
ADR and the New Rules: The Role of Third-Party Neutrals By Thomas D. Cavenagh September 2010 Column, Page 482 The ethical obligations of attorneys practicing as third-party neutrals.
Clearer Guidance for Estate Planning Lawyers By Katarinna McBride and Graham B. Schmidt August 2010 Column, Page 433 What about clients with diminished capacity? Confidentiality and prospective clients? Here's a look.
Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media By Beth C. Boggs and Misty L. Edwards July 2010 Article, Page 366 What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.
Labor and Employment Lawyers and the New Rules By Michael R. Lied July 2010 Column, Page 376 New rules affect lawyers who represent organizations and clients who appear before agencies.
Criminal Lawyers and the New Ethics Rules By Randall Rosenbaum June 2010 Column, Page 326 Now lawyers must keep "information" (not just "secrets") confidential.
Avoiding Withdrawal Pains By Helen W. Gunnarsson May 2010 Article, Page 240 You've had enough of the Client from Hell and you need to withdraw from the representation. The good news - you almost certainly can. Just make sure you do it properly.
Controlling Case Expenses: Lawyers’ Duty to Clients By Robert L. Fogel, Michael S. Young, and Katie M. King May 2010 Article, Page 244 A look at the trial lawyer's fiduciary and ethical responsibility to disclose, monitor, and control reimbursable case expenses incurred on behalf of clients.
Rule 3.3 and Honesty in Litigation By Robert T. Park May 2010 Column, Page 272 Don't make a false statement, offer false evidence, or fail to disclose adverse authority.
ISBA Opinion 10-02 Reins in Real Estate Brokers By Peter J. Birnbaum April 2010 Column, Page 212 This new ethics opinion is good news for real estate lawyers, the author contends.
Will You Be My (Facebook) Friend? By Karen Erger April 2010 Column, Page 210 Those pesky ethics rules follow lawyers everywhere, even onto social-media pages.
Organization as Client - a Continuing Dilemma for Business Lawyers By Stephen Proctor March 2010 Column, Page 160 It's an ethics problem under the old and new rules alike.
Ethical Issues for Family Lawyers Under the New Rules of Professional Conduct By Paulette M. Gray January 2010 Article, Page 36 A look at some hypothetical but all-too-common family-law scenarios and how to approach them under the 2010 Illinois Rules of Professional Conduct.
Ethics-rule amendment clarifies role of lawyer-lobbyists By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 An amendment to new RPC 3.9 removes a cross-reference that lawyer-lobbyists feared might forbid heretofore accepted forms of one-on-one lobbying.
Is Selling Title Insurance a “Business Transaction”? By Joseph R. Fortunato and Steven B. Bashaw January 2010 Column, Page 50 A reference to the sale of title insurance in the new rules has some lawyers concerned.
Real Ethics and Courtesy for Divorce Lawyers By H. Joseph Gitlin January 2010 Column, Page 52 Not all ethical rules appear in the Rules of Professional Conduct.
So you want to be house counsel By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 Be sure to give your prospective employer a thorough going-over before you say "yes".
Bloggers - endorse with care By Helen W. Gunnarsson December 2009 Lawpulse, Page 598 The FTC has issued new guidelines governing product endorsements by bloggers.
When Can You Defend Both a Corporation and Its Officers? By Richard L. Miller II and Joshua E. Liebman December 2009 Article, Page 618 When they're sued, corporations and their officers often turn to the corporation's lawyer. But look out for conflicts of interest before you undertake joint representation.
Your Responsibility for an Impaired Partner By Karen Erger December 2009 Column, Page 638 Ethics rules oblige you to protect your clients and the profession.