Illinois Bar Journal

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Articles on Ethics

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.
Get Ready for Illinois’ New Rules of Professional Conduct By Robert A. Creamer October 2009 Article, Page 500 The new rules, which take effect January 1, align Illinois legal-ethics regulation with the national norm. Learn about th emajor changes.
Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers By Isaac J. Colunga October 2009 Article, Page 522 A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.
Telling a prospective client “I’m just not that into you” By Helen W. Gunnarsson October 2009 LawPulse, Page 490 ISBA lawyers offer various ways to deliver the message, but all agree that you can’t be afraid to tell would-be clients “no” if representing them doesn’t feel right.
Professional Responsibility Revisited: New Illinois Rules Coming Soon By Tom Gaylord September 2009 Column, Page 472 The new rules have extensive official commentary, something missing from the current RPC.
Social media and legal ethics By Helen W. Gunnarsson September 2009 LawPulse, Page 438 May an Illinois lawyer list his or her "Specialties" on LinkedIn without running afoul of Illinois RPC 7.4?
Coming January 1: New Rules of Professional Conduct By Helen W. Gunnarsson August 2009 LawPulse, Page 386 Among other things, the new rules clarify that flat fees do not constitute frowned-upon "advance payment retainers," which is good news for most lawyers.
Lawyers, Guns and Money: Pop Songs and Legal Ethics By Karen Erger April 2009 Column, Page 208 A musical lesson in malpractice prevention.
Did Pat Fitzgerald say too much? By Helen W. Gunnarsson March 2009 LawPulse, Page 116 Lawyers disagree about whether prosecutor Fitzgerald crossed the line when he said Rod Blagojevich’s conduct “would make Lincoln roll over in his grave.”
Attorney censured for not disclosing “controlled business arrangement” By Helen W. Gunnarsson January 2009 LawPulse, Page 10 The ARDC Hearing Board found that a Mundelein lawyer/title agent didn't make disclosures to clients required by the Title Insurance Act.
Real estate lawyers fear “law related services” definition By Helen W. Gunnarsson January 2009 LawPulse, Page 10  Defining "law related services" in Illinois' ethics rules could encourage UPL, pose malpractice risks, and cause other problems, real estate lawyers tell the supreme court.
Court upholds per se conflict doctrine By Helen W. Gunnarsson December 2008 LawPulse, Page 606  A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.
Talking About You By Karen Erger December 2008 Column, Page 644 Make sure your ads and other communications to the public don't violate ethics rules.
Professional Responsibility in Illinois: Rules, and MCLE By Tom Gaylord September 2008 Column, Page 474 There's a wealth of legal-ethics information online if you know where to look.
My Mother, My Client By Helen W. Gunnarsson July 2008 Article, Page 344 Should you do legal work for family and close friends? Probably not, ethics experts and seasoned lawyers say.
The conscience of a lawyer, Part II By Helen W. Gunnarsson May 2008 LawPulse, Page 230 The public and the legal community continue to wrestle with the alton logan case. But the legal ethicists we spoke to defend andrew Wilson's lawyers and the choice they made.
Engagement Letters, Fees and the Dowling Case By David A. Berek and Fred R. McMorris May 2008 Column, Page 262 Consult Dowling for guidance on fee arrangements and how to describe them in engagement letters.
The conscience of a lawyer By Helen W. Gunnarsson March 2008 LawPulse, Page 118 Your client admits he committed murder. What should you do? What can you do? For two Illinois lawyers, these aren't hypothetical questions.
Ethics and the Attorney / Title Agent By Michael J. Rooney March 2008 Article, Page 132 This author argues that attorneys can serve as title agents, provided they make necessary disclosures and get corresponding consents.
A Proposed Makeover for the Rules of Professional Conduct By Helen W. Gunnarsson March 2008 Article, Page 128 A joint ISBA-CBA proposal seeks to bring the RPC up to date and align them more closely with the ABA Model Rules.
Estate attorneys disqualified from representation of deceased client’s son February 2008 Illinois Law Update, Page 72 On December 3, 2007, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du-Page County granting in part Northern Trust Company's motion to disqualify counsel for Peter Wright.