New ISBA ethics opinions address immigration practice by non-Illinois lawyers, other issues

According to ISBA ethics advisory opinions approved last month, a lawyer may not serve as both a municipal prosecutor and administrative hearing officer for the same municipality, an out-of-state lawyer may practice immigration law in Illinois, and more. Here are digests with links to the full text of the four new opinions. 

Opinion No 13-07. A lawyer may not serve concurrently as a municipal prosecutor and as an administrative hearing officer for that same municipality.

Opinion No. 13-08. An out-of-state lawyer may practice immigration law in Illinois with the use of a properly supervised nonlawyer in Illinois who collects information to be used by the lawyer in filling out immigration forms.

Opinion No. 13-09. Direct communications with a government representative regarding a tax assessment dispute in which the representative is represented by counsel are improper without counsel’s consent, subject to an exception for direct communications as are authorized by law.

Opinion No. 13-10. Under those circumstances identified in Supreme Court Rule 415(c), a lawyer may not provide a copy of discovery materials to a defendant client but nevertheless has an ethical obligation under RPC 1.4 to discuss the content of those materials with the client.

Posted on November 4, 2013 by Mark S. Mathewson
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