Read Illinois Rule of Professional Conduct 1.10 Imputation of Conflicts of Interest: General Rule
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Rule 1.10 Imputation of Conflicts of Interest: General Rule
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Opinion 18-02 |
Conflict of Interest | Imputed Disqualification | Screening
As a means to avoid imputation of a conflict within a lawfirm, screening is only available when a lawyer becomes associated with a firm. Screening is not available to insulate existing members of a firm from each other’s potential conflicts.
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Opinion 16-04 |
Conflict of Interest | Division of Fees | Fees and Expenses | Of Counsel Designation
A lawyer concentrating his or her practice in tax law may be “of counsel” to a law firm if the relationship with the firm is close and continuing. The lawyer will not be considered as being in a separate firm for the purposes of Rule 1.5(e) or for the purposes of disqualification due to a conflict of interest.
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Opinion 11-04 |
Conflict of Interest - Personal Interests | Imputed Disqualification
A lawyer may not represent a defendant in a criminal matter where the lawyer's spouse is a police officer who has been identified as a witness for the prosecution on a contested matter.
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Opinion 05-01 |
Former Client
A lawyer may represent a client in a matter unrelated to a prior divorce proceeding in which the lawyer represented former client who now may testify against his current client. However, the lawyer may not cross-examine the former client unless it can be done both without using information relating to the prior representation to the disadvantage of the former client and without materially limiting his ability to effectively cross-examine the former client to the detriment of the current litigation client.
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Opinion 95-05 |
Conflict of Interest | Government Representation | Imputed Disqualification
It is not necessarily improper for a lawyer whose firm represents a city in defense of a variety of civil matters to undertake representation in unrelated matters of clients charged with violations of the Human Rights Ordinance of the city before its Human Rights Commission if both clients consent after full disclosure.
Any client of any lawyer in a law firm or of the firm itself is a client of every lawyer in the firm for the purpose of conflict of interest analysis.
Representation of a public body client in defense of various civil matters is directly adverse to the interests of that client in representation of another client before the Human Rights Commission, a creature of the city, empowered to enforce the city’s Human Rights Ordinance.
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Opinion 94-20 |
Imputed Disqualification | Lawyer Holding Public Office
Partner of lawyer who is also a municipal police officer should not represent a client in a claim against the municipality.
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Opinion 90-34 |
Conflict of Interest | Government Representation
It is permissible for two attorneys to form a partnership where one is a City Attorney prosecuting ordinance violation and the other is a part-time public defender in the same county. However, neither may defend clients charged with violations of said City's ordinances nor charges initiated or investigated by said City's Police Department.
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Opinion 88-02 |
Imputed Disqualification | Screening
Vicarious disqualification does not occur if an attorney possessing a conflict is, upon joining a new office, appropriately "screened" from contact.
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Opinion 86-07 |
Conflict of Interest
A lawyer shall not sign a confession or judgment on behalf of a defendant when the lawyer's partner or associate represents the plaintiff.
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Opinion 85-14 |
Conflict of Interest | Nonlawyer Assistants
There is no per se rule against two Assistant Public Defenders who share office space but maintain separate law practices representing defendants with conflicting interests provided each fully discloses the situation to the clients and obtains the clients' consents and provided further that each can represent his client with undivided allegiance.
It is ethically improper for these two Assistant Public Defenders to involve a common secretary if they represent defendants with conflicting interests.
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Opinion 84-05 |
Government Representation | Imputed Disqualification | Prosecutors
It is professionally proper for a law firm to represent a claimant in a personal injury case where the defendant has criminal charges pending arising from the same factual situation and a member of the law firm representing the Plaintiff was a member of the State's Attorney's Office at the time the criminal charges were pending, but was not involved with prosecution or disposition.
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Opinion 829 |
Conflict of Interest
A law firm which represents the sole shareholder of a corporation may not represent an individual against whom the corporation has a damage suit pending.
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Opinion 800 |
Former Judge | Imputed Disqualification
A former presiding judge is disqualified from any participation in matters in which he acted upon the merits in a judicial capacity.
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Opinion 748 |
Government Representation
It is professionally improper for a salaried City Attorney, or the members of his firm, to accept employment for criminal defense in cases where the alleged crime occurred within the city.
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Opinion 698 |
Conflict of Interest
Attorneys from a public defender's office may not ethically represent co-defendants in a criminal case where an actual conflict of interest exists, and a court order in the nature of a "gag order" against the public defender not to discuss the cases with his assistants will not relieve the public defender of ethical and professional responsibility under the Code.
Rule 1.10(a)
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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 11-04 |
Conflict of Interest - Personal Interests | Imputed Disqualification
A lawyer may not represent a defendant in a criminal matter where the lawyer's spouse is a police officer who has been identified as a witness for the prosecution on a contested matter.
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Opinion 09-02 |
Conflict of Interest | Imputed Disqualification | Multiple Representation
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 a unrelated medical malpractice lawsuit who will most likely be a witness against the first physician.
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Opinion 95-05 |
Conflict of Interest | Government Representation | Imputed Disqualification
It is not necessarily improper for a lawyer whose firm represents a city in defense of a variety of civil matters to undertake representation in unrelated matters of clients charged with violations of the Human Rights Ordinance of the city before its Human Rights Commission if both clients consent after full disclosure.
Any client of any lawyer in a law firm or of the firm itself is a client of every lawyer in the firm for the purpose of conflict of interest analysis.
Representation of a public body client in defense of various civil matters is directly adverse to the interests of that client in representation of another client before the Human Rights Commission, a creature of the city, empowered to enforce the city’s Human Rights Ordinance.
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Opinion 91-09 |
Lawyer Holding Public Office
Lawyer who serves as volunteer, unpaid village commissioner does not hold "public office" within the meaning of the Rules of Professional Conduct.
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Opinion 90-17 |
Lawyer Holding Public Office
Lawyer who is a city council member and the lawyer's firm generally should not represent clients before city council, even if lawyer abstains from participation in matters handled by the firm.
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Opinion 90-05 |
Former Client
- Lawyer is prohibited from representing husband in divorce action where lawyer had previously represented husband and wife in other joint matters;
- Prohibition extends to lawyer's partner and firm.