Publications

Illinois Bar Journal

 

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Articles on Ethics

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. 
Contacting, deposing employees of opposing parties: a how-to By Helen W. Gunnarsson January 2008 LawPulse, Page 10 Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.
No conflict of interest in representing codefendant November 2007 Illinois Law Update, Page 576 On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 
E-mail Ethics: An Audience with the Wizard By Karen Erger October 2007 Column, Page 552 Find out what to do if you misdirect an e-mail or reveal embarrassing metadata.
Time to update the Rules of Professional Conduct? By Helen W. Gunnarsson October 2007 LawPulse, Page 510 The Illinois Supreme Court Rules Committee is considering a proposal to do just that.
Asked and Answered September 2007 Column, Page 496 What do you do with uncooperative opposing counsel?
The Illinois Supreme Court OKs advance payment retainers By Helen W. Gunnarsson June 2007 LawPulse, Page 286 The court last month approved lawyers' use of the advance payment retainer, cautioning that more familiar retainer agreements will be the preferred option in most cases.
The trouble with hourly billing By Helen W. Gunnarsson June 2007 LawPulse, Page 286 Does the tradition of billing by the hour push lawyers to pad bills and thus engage in the kind of "dishonest" behavior forbidden by the Illinois Rules of Professional Conduct?
What’s Your Duty Under Himmel? By Helen W. Gunnarsson June 2007 Article, Page 296 What kind of misconduct by your fellow lawyers should be reported to ARDC? What if you make the wrong call?
Asked and Answered May 2007 Column, Page 266 Can a disbarred lawyer be a paralegal?
Correspondence from Our Readers May 2007 Column, Page 226 Report ARDC letters to your malpractice carrier
Ethical Challenges When Lawyers Sell Non-Legal Services By Jennifer E. Smiley and Michael L. Shakman May 2007 Article, Page 258 A review of the ethical rules that apply when lawyers seek to broaden their practices by offering non-legal services.
Hire Laterally, Think Ethically By Helen W. Gunnarsson May 2007 Article, Page 240 Some things Illinois lawyers and law firms should think about before making a lateral move or hire.
IOLTA change allows trust accounts to earn highest rate By Helen W. Gunnarsson March 2007 LawPulse, Page 118 Amended RPC 1.15, effective June 1, requires lawyers to place nominal or short-term client funds with banks that pay the same return on IOLTA as on non-IOLTA accounts.
Please, Mr. Postman, Don’t Bring Me a Letter from the ARDC By Helen W. Gunnarsson March 2007 Article, Page 128 Odds are you'll be on the receiving end of an ARDC complaint. How should you respond?
Correspondence from Our Readers December 2006 Column, Page 638 Defending the attorney-client privilege
Blogging and legal ethics By Helen W. Gunnarsson May 2006 LawPulse, Page 222 Go forth and blog, experts say, but not without educating yourself about relevant ethical issues. 
Are You a “Rules Lawyer”? By Karen Erger December 2005 Column, Page 650 You'd better be. Test your knowledge of the Rules of Professional Conduct and stay on the ARDC's good side.
Correspondence from Our Readers November 2005 Column, Page 554 Poor lawyer image - incivility not the culprit? Mediator as peacemaker.
How to Respond to an ARDC Complaint By Michael L. Shakman and Arthur W. Friedman October 2004 Article, Page 530 You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.
The Client That Got Away By Karen Erger August 2004 Column, Page 433 The statute of limitations is about to toll and your client is nowhere to be found. What to do? A new ISBA advisory opinion offers guidance.
Proposed New Rules of Professional Conduct for Illinois Lawyers By Robert A. Creamer and Thomas P. Luning June 2004 Article, Page 306 A joint ISBA/CBA committee's recommendations for selected new rules of professional conduct.
How Long Must Illinois Lawyers Retain Case Files? By Anton F. Mikel February 2004 Article, Page 76 A look at Illinois' murkey law dealing with who owns the contents of client files and how long lawyers have to keep them.
How the New Governmental Ethics Legislation Affects Lawyers By Jim Covington February 2004 Column, Page 68 If you practice before any of 32 state agencies and commissions or represent local governmental entities, take a close look at the newly enacted ethics-in-government legislation
When Can You Retain Client Files for Failure to Pay Fees? By Patrick Sean Ginty February 2004 Article, Page 97 While retaining liens can be effective, you should understand their scope and effect before you use them.