Read Illinois Rule of Professional Conduct 1.0 Terminology
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Rule 1.0 Terminology
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Opinion 17-02 |
Client Files | Law Firms
A lawyer must maintain records that identify each client and reflect whether the client’s representation is active for an indefinite period of time. A lawyer must maintain all financial records related to the lawyer’s practice as well as complete records of trust account funds and other property of clients or third parties held by the lawyer for at least seven years. For other records and materials, if appropriate steps are taken to return or preserve actual client property or items with intrinsic value, it is generally permissible for a lawyer to dispose of closed file materials within a “reasonable” time after conclusion of a matter; and seven years should generally be considered a reasonable time. Sending former clients notice of the proposed disposal of a closed file generally should not be required. Any method of disposal must protect the confidentiality of client information.
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Opinion 13-07 |
Conflict of Interest | Government Representation | Prosecutors
A lawyer may not serve concurrently as a municipal prosecutor and as an administrative hearing officer for that same municipality.
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Opinion 13-05 |
Client Fraud | Court Obligations | Withdrawal from Representation
When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence.
Rule 1.0(c) Firm or Law Firm
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Opinion 17-05 |
Corporate and In-House Counsel
An in-house corporate lawyer may provide legal services to multiple subsidiaries of the same corporate parent, but nevertheless must be mindful of the application of the Rules of Professional Conduct, particularly those addressing conflict of interest and confidentiality.
Rule 1.0(e) Informed Consent
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Opinion 23-03 |
Business Transactions With Clients | Conflict of Interest | Referral Fees and Arrangements
A lawyer who receives compensation in exchange for the referral of clients to an investment advisor has a conflict of interest and is involved in a business transaction with a client. Whether a lawyer can engage in such a transaction must be analyzed on a case-by-case basis.
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Opinion 20-07 |
Guardians and Guardianship | Impaired Client
When a lawyer has been representing a client for several years in opposition to the court appointment of a guardian for the client’s estate, and the lawyer currently believes that the client is mentally incapacitated, the Rules do not mandate the lawyer’s continued prosecution of the client’s appeal attempting to reverse the trial court’s judgment appointing an estate guardian, in the manner of prosecution last discussed between the lawyer and the client when the lawyer believed the client had adequate capacity to make considered decisions.
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Opinion 19-02 |
Financial Assistance to Clients
A lawyer who won a verdict for a client in litigation that is being appealed may allow the client to obtain financing and assist the client in obtaining financing from a third party during the pendency of such litigation. Although the Rules do not prohibit the lawyer’s assistance or cooperation, the lawyer’s assistance and cooperation are governed by several ethical limitations including the lawyer’s duty to render independent professional judgment and candid advice to the client free of third party interference, to maintain confidentiality of the client’s information and to obtain the client’s informed consent for the lawyer’s disclosure of any information to the finance company.
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Opinion 17-04 |
Conflict of Interest | Conflict of Interest - Transactional Matters
In most circumstances, a lawyer will not be able to represent both the buyer and seller in a real estate transaction.
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Opinion 17-03 |
Conflict of Interest | Conflict of Interest - Transactional Matters
The Illinois Rules of Professional Conduct prohibit a lawyer from representing a husband and wife in a short sale if the husband is currently a client of the lawyer who is investigating filing a divorce petition for the husband, unless both the husband and wife give informed consent to the conflict and the lawyer “reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.”
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Opinion 14-05 |
Conflict of Interest | Conflict of Interest - Personal Interests | Government Representation | Prosecutors
A State’s Attorney may represent his county in union negotiations while simultaneously calling law enforcement personnel as witnesses in criminal cases provided the attorney has completed an analysis of any conflicts of interest pursuant to Rule 1.7 of the Illinois Rules of Professional Conduct.
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Opinion 12-18 |
Conflict of Interest | Prospective Clients
An attorney may not encourage a client to engage in the practice known as “taint shopping,” whereby a prospective client meets with an attorney for the sole purpose of disqualifying the attorney from representing an opponent. An attorney who participates in an initial consultation with a prospective client, but who is not retained by the prospective client, is not prohibited from later representing a client with materially adverse interests in the same or in a substantially related matter if: (a) before the consultation, the attorney obtained the prospective client’s informed consent of any conflict that might arise from the information disclosed by the prospective client; (b) even in the absence of an informed consent, the attorney did not receive information that could be significantly harmful if used in the matter; or (c) the attorney can establish that the prospective client revealed information to the attorney with no intention of retaining the attorney.
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Opinion 12-16 |
Confidentiality | Conflict of Interest
Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients.
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Opinion 12-15 |
Confidentiality
Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in the matter, both the consulting lawyer and the consulted lawyer must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients. In addition, an online discussion group is not a substitute for the consulting lawyer’s legal research.
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Opinion 12-13 |
Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a plan commission or city council after the lawyer’s partner has appeared before those bodies to oppose a zoning change. The lawyer’s recusal from the plan commission’s or city council’s consideration of the partner’s zoning matter will not remove the conflict of interest. However, the plan commission and city council may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. If the lawyer’s partner represents others in the zoning matter before the plan commission or city council, the partner must disclose the representation and conform to the applicable rules regarding candor to a tribunal.
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Opinion 12-12 |
Appearance of Impropriety | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. The notion of avoiding the “appearance of impropriety” is no longer a standard of lawyer professional conduct in Illinois.
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Opinion 10-02 |
Referral Fees and Arrangements
A lawyer may not enter into a referral arrangement with a real estate company that would require the lawyer to use the real estate company’s affiliated title insurer for the lawyer’s clients as a condition of receiving referrals from the real estate company. Other Illinois and federal law governing the lawyer’s conduct may also apply to the proposed arrangement.
Rule 1.0(i) Reasonable Belief or Reasonably Believes
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Opinion 12-13 |
Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a plan commission or city council after the lawyer’s partner has appeared before those bodies to oppose a zoning change. The lawyer’s recusal from the plan commission’s or city council’s consideration of the partner’s zoning matter will not remove the conflict of interest. However, the plan commission and city council may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. If the lawyer’s partner represents others in the zoning matter before the plan commission or city council, the partner must disclose the representation and conform to the applicable rules regarding candor to a tribunal.
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Opinion 12-12 |
Appearance of Impropriety | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest. The notion of avoiding the “appearance of impropriety” is no longer a standard of lawyer professional conduct in Illinois.