Publications

Section Newsletter Articles on Ethics

Ethics Corner: Tennessee ethics opinion places limits on attorney’s authority to disclose will By Edward J. Jarot Trusts and Estates, September 2014 While the Tennessee opinion is not precedent in Illinois, the opinion raises interesting questions regarding the Attorney-Client Privilege and whether the privilege can be waived by anyone other than the client.
Ethics corner: A word of caution when accepting credit card payments By Michael J. Drabant Trusts and Estates, July 2014 The ISBA recently issued a Professional Conduct Advisory Opinion which highlights some of the ethical implications of accepting credit cards as a means of paying attorney fees.
Ethics corner By John H. Brechin Local Government Law, May 2014 Two recent ISBA opinions address attorney misconduct and conflict of interest.
The “nothing new here” new PTO ethics rules By Lori M. Haymon Intellectual Property, May 2013 Effective May 3, 2013, the United States Patent and Trademark Office has adopted new rules on professional ethics.
Ethical considerations in Of Counsel relationships By David B. Sosin Senior Lawyers, February 2013 This article is intended to give the reader a basic understanding of the Of Counsel concept and how the ethical use of that term has evolved with respect to the formation and operations of law firms.
Real estate ethics corner By Michael J. Rooney Real Estate Law, June 2012 In the current real estate market, foreclosure rescue schemes and scams and short-sales abound. Real estate lawyers do well to recognize when they are involved in a transaction that may take one or more “funny” turns that end up not being very humorous for the lawyer.
“The newlywed game”—Marriage fraud in immigration: Ethical guidance By Jesse Hodierne International and Immigration Law, May 2012 A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
Real estate ethics corner By Michael J. Rooney Real Estate Law, May 2012 A simple residential leasehold transaction proved troublesome for one Illinois attorney and the Illinois Supreme Court suspended the attorney from the practice of law for 90 days.
Real estate ethics corner By Michael J. Rooney Real Estate Law, April 2012 Do the Rules of Professional Conduct still govern the conduct of the attorney when he or she owns the owns the entity registered as a title insurance agent?
Silence is the new Golden Rule By Michael D. Wong Young Lawyers Division, April 2012 Under the recent change to Rule 1.6 of the Illinois Rules of Professional Conduct, without informed consent an attorney may not disclose ANY information regarding a case or representation, even if that information is of public record. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, March 2012 A discussion of the recent disciplinary matter of In re: David Milton Svec.
Real estate ethics corner By Michael J. Rooney Real Estate Law, February 2012 Two recent disciplinary cases share a number of interesting features, though one arose in the Chicago area and one downstate in Lincoln.
Real estate ethics corner By Michael J. Rooney Real Estate Law, January 2012 In both disciplinary matters discussed here, the attorney sent postcards to prospective clients indicating he would handle real estate transactions for a set fee without disclosing that he would also receive title insurance premiums and, in the earlier case, fees for surveys, both from companies in which he had an ownership interest. Moreover, his ownership interest in those entities was not disclosed. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2011 In re Shaveda Monique Scott involved a five-count complaint against an attorney for failing to disclose her financial interest stemming from her role as a registered title insurance agent when representing clients in six transactions and for violating the rules regarding conflicts of interest by improperly representing both buyers and seller in four of those matters.
Ethical issues for business and intellectual property lawyers, part 2 By Eugene F. Friedman Business Advice and Financial Planning, August 2011 The second installment in this series on ethics for business lawyers.
Ethics corner: The ethics of working with non-attorney professionals By Darrell Dies Trusts and Estates, July 2011 A look at some of the issues involved with providing estate planning and estate administration services to a financial planning firm's clients.
Ethical issues for business and intellectual property lawyers—Part 1 By Eugene F. Friedman Business Advice and Financial Planning, June 2011 The first installment in this series on ethics for business lawyers.
Winning chances? Client relations, math, and ethics By Daniel Kegan Intellectual Property, June 2011 Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.
The ethics of outsourcing: An evolving necessity in the modern practice of law By Jason W. Mosley Business and Securities Law, January 2011 A discussion of the major ethical issues associated with domestically outsourcing legal work.
Potential revision to ethics rules to facilitate out-of-state practice for transactional attorneys? By Markus May Business and Securities Law, December 2010 The Corporation, Securities and Business Law Section Council is seeking input from members regarding the pros and cons of modifying Illinois Ethics Rule 5.5.
Legal business models: Ethical concerns of adjusting to client demands By Darrell Dies Trusts and Estates, June 2010 How do the personalities and expectations of a new generation of clients affect a lawyer's practice?
Legal Ethics in Corporate Law CLE—May 14, 2010, Chicago Corporate Law Departments, April 2010 Register now for this important CLE program.
Ethics corner: Courtesy or controversy—Drafting attorney-reserved power to amend or revoke client’s trust By Donald L. Shriver Trusts and Estates, March 2010 The close relationship you have with your clients may be ample explanation for some unusual fiduciary relationships.
Comments on Rule 1.13 from the Co-chair of the Joint Committee on Ethics 2000 By Robert Creamer Administrative Law, January 2010 The October 2009 IBJ article made no specific mention of Comment [9] to new Rule 1.13 because of space limitations on what could be covered; and many other interesting and deserving topics were omitted as well. 
Doing it on the square By J.A. Sebastian General Practice, Solo, and Small Firm, December 2009 The date: October 2, 2009. In the Chicago area, an historical day: a day when some bemoaned the selection of Rio rather than Chicago for the 2016 Olympics. For others, it was the day to attend the annual endowed Rudolf G. Schade Lecture Series at Elmhurst College, created in 1984 as a class gift to sponsor an annual campus lecture, usually pertaining to history or ethics. 
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald Administrative Law, December 2009 A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald Bench and Bar, December 2009 A speech given by Illinois Chief Justice Thomas R. Fitzgerald at Elmhurst College on October 2, 2009
Ethics and Judicial Independence By Hon. Thomas R. Fitzgerald General Practice, Solo, and Small Firm, December 2009 I would like to talk to you today about a topic that is important to me, as a judge, and important to all of you as citizens of this State and this Country.
The ethics of fee sharing in tort law cases By Albert E. Durkin Tort Law, October 2009 In the field of plaintiff personal injury litigation, a substantial amount of business is received on a referral basis. Tort practitioners commonly are referred cases from fellow lawyers who do not practice in that chosen field.  
Committee on Government Lawyers presents ethics extravaganza! Government Lawyers, June 2009 The ISBA’s Standing Committee on Government Lawyers has a worthwhile and lofty goal ... a goal of making ethics seminars for government lawyers informative, fun, and interesting.