Practice News

Q. A client has asked me to handle her divorce, but I’ve never done one. Can I ethically represent her?

A. Lawyer competence to handle any given matter is addressed in RPC 1.1. Comment [2] provides that “a lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar” and that “a lawyer can provide adequate representation in a wholly novel field through necessary study.” In addition, Comment [4] says that “a lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation.”  A novice lawyer could also associate with a lawyer of “established competence” in the field at issue in order to competently represent the client.

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

The Illinois Supreme Court has announced the creation of a Civil Justice Division within the Administrative Office of the Illinois Courts (AOIC), charged with supporting the Court’s multi-dimensional initiatives to improve access to justice throughout the state. In addition, Chief Justice Rita B. Garman has named Timothy W. Kelly of Bloomington as the next chairman of the Access to Justice Commission.

In 2012, the Court established an Access to Justice Commission to “promote, facilitate, and enhance equal access to justice with an emphasis on access to the Illinois civil courts and administrative agencies for all people, particularly the poor and vulnerable.”

The Commission, made up of dedicated volunteers, has made great strides in improving access for non-native English speakers and in standardizing various forms and procedures, making them more user-friendly for pro se litigants.

ISBA President Paula H. Holderman interviews Winston & Strawn partner and 7th Circuit Bar Association President Julie Bauer. They discuss what hiring partners look for when interviewing for associate positions, the changes new lawyers face and the importance of being involved in bar associations.

Q.  My client recently informed me that he is hiring a different attorney. Do I have an obligation to return my files to him?

A.  Rule 1.16(d), concerning “Declining or Terminating Representation,” states that a lawyer must take reasonable steps to avoid any unforeseeable prejudice to a client. This includes delivering to the client all papers and property to which the client is entitled.  In addition, ISBA Professional Conduct Advisory Opinions 94-13 and 94-14 discuss what papers a client is entitled to and who pays the expense for copies of files.  Comment [9] to Rule 1.15 provides that “the lawyer may retain papers as security for a fee only to the extent permitted by law.”  The applicability and effectiveness of Illinois’ common law retaining lien is discussed in In re Liquidation of Mile Square Health Plan of Illinois, 218 Ill.App.3d 674, 578 N.E.2d 1075 (1st Dist. 1991). 

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics