Board of Governors adopts two ethics opinions

Two advisory ethics opinions drafted by the ISBA Committee on Professional Conduct were adopted Jan. 13 in Springfield by the Board of Governors.

Opinion No. 09-01 covers ex parte communications with current and former constituents of a represented organization. The digest follows:

A lawyer may communicate with a current constituent of a represented organization about the subject matter of the representation, without the consent of the organization’s counsel, only when the constituent does not, (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability.

Consent of the organization’s lawyer is not required for communication with former constituents about the matter of the representation. If the constituent has his or her own counsel, However, that counsel must consent to the communication.

Opinion No. 09-02 covers conflict of interest and dual representation. The digest follows:

In a medical malpractice lawsuit where a physician and hospital are individual defendants with directly adverse positions, it is a conflict of interest for an attorney to represent the physician if the attorney’s law firm also represents the same hospital in other unrelated medical malpractice lawsuits unless the attorney reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after disclosure.

It is also a conflict of interest for an attorney to represent a physician in a medical malpractice lawsuit when the attorney also represents another physician in an unrelated medical malpractice lawsuit who will most likely be a witness against the first physician.

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ISBA advisory ethics opinions are prepared as an educational service to members. They express interpretations of the Illinois Rules of Professional Conduct and other relevant materials in response to specific hypothesized fact situations.

The ethics opinions do not have the weight of law and should not be relied on as substitutes for legal advice.

Complete opinions, with citations of applicable rules and cases, may be accessed on the ISBA web site, www.isba.org. For more information, call the ISBA Legal Department at (800) 252-8908.

Crime victims need steady fund source

The ISBA Board of Governors on Jan. 13 adopted a resolution that calls for Illinois funding under the Victims of Crime Act to be restored to the level of $15,426,100 at which it operated during fiscal 2006.

The Criminal Justice Section Council and Committee on Women and the Law pointed out that VOCA funding for fiscal 2008 was cut to $11,790,450 despite an existing national balance of more than $2 billion.

The money consists of fines paid by offenders who are convicted of violating federal laws, and is designated to support direct services to crime victims.

In this state the funds are distributed by the Illinois Criminal Justice Information Authority to domestic violence shelters, child advocacy centers, rape crisis centers, elder abuse services, and law enforcement programs.

As an example of the effect of the cutback, the Illinois Coalition Against Sexual Assault expects to reduce its allocations to 33 statewide centers from $4,774,925 in fiscal 2008 to $3,695,878 in fiscal 2009.

IBF vacancy filled

The ISBA Board of Governors has appointed Bloomington attorney Timothy W. Kelly to a vacancy on the board of the Illinois Bar Foundation caused by the resignation of April Troemper of Springfield.

Kelly chairs the ISBA Tort Law Section Council and serves on the Committee on Bar Services and Activities. A former ISBA Assembly member, he is a past chair of the Civil Practice and Procedure Section Council.

Chicago meeting set

The next meeting of the ISBA Board of Governors is scheduled to begin at 9 a.m. Friday, March 6, at the Westin River North Hotel in Chicago.

The board also will meet at 9 a.m. Friday, May 22, at the Westin Hotel in St. Louis.