Read Illinois Rule of Professional Conduct 1.16 Declining or Terminating Representation
Jump to Ethics Opinions by IRPC Rule
Rule 1.16 Declining or Terminating Representation
-
Opinion 25-02 |
Advertising and Solicitation | Lawyer Referral Services | Sharing Fees With Nonlawyers
An Illinois attorney would violate the Illinois Rules of Professional Conduct by accepting clients from a for-profit, third-party client referral service that (1) charges clients a fixed fee for petty criminal and traffic offense cases, (2) pays a lawyer in the service’s network a portion of the fixed fee, and (3) offers a money-back guarantee to the client if the client does not “win” the case. Even if the referral service did not contain these problematic features, an Illinois attorney still would violate the Rules of Professional Conduct if the referral service is one that (a) fails to disclose the use of non-attorney actors in advertising directed to potential clients, or (b) requires the lawyers to communicate with clients on an online platform monitored by the referral service, with no guarantee of confidentiality and no apparent disclosure to and informed consent of the client. Further, using referral services such as those described in this opinion also would raise other problems, including the potential that the lawyer would be unable to comply with their obligations under the Rules of Professional Conduct with respect to the charging of fees, including the obligation to ensure the fee charged is a reasonable one.
-
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.
-
Opinion 20-05 |
Client Fraud | Confidentiality | Withdrawal from Representation
A lawyer who knows about a client’s fraud may disclose otherwise confidential client information to third parties if done in such a manner as to prevent, lessen or rectify the client fraud. However, even if the information is not disclosed, the lawyer will still likely need to withdraw as client’s attorney and take other actions.
-
Opinion 01-02 |
Client Files | Client Funds and Property | Withdrawal from Representation
Lawyer may properly terminate representation if client's conduct makes it unreasonably difficult for lawyer to carry out employment effectiveness or client fails to substantially fulfill agreement to pay lawyer's fees or expenses; however, lawyer must take reasonable steps to avoid foreseeable prejudice to client as a result of termination. Discarding client's files if client does not retrieve them after 30 days due notice will not likely comply with lawyer's duty to avoid prejudice to client upon termination of representation.
-
Opinion 98-08 |
Insurance Representation
A lawyer designated by an insurance company to defend an insured party represents and has the same professional obligations that would exist had the lawyer been personally retained by the insured. Disagreement between the lawyer and the insured as to defense strategy may require the lawyer to withdraw.
-
Opinion 96-11 |
Communication With Client | Impaired Lawyer
Lawyer, who represents clients transferred to him by another lawyer, owes no legal duty to the transferring lawyer or to the clients involved to inform the clients of the resumption of practice by the transferring lawyer who previously suspended his practice while temporarily physically incapacitated. Lawyer has an obligation to keep his clients reasonably informed about the status of their cases and must promptly comply with reasonable requests by the clients for such information, but this obligation does not create a legal or ethical duty on the part of lawyer to relay information regarding the referring attorney’s practice.
-
Opinion 96-09 |
Advertising and Solicitation | Communication With Represented Person | Reporting Lawyer Misconduct
A lawyer who has been formally discharged by a client in favor of new counsel may not thereafter contact the former client (except through his new counsel) where the purpose is to further the lawyer's claim for fees and expenses; statements by the lawyer made for the purpose of soliciting the former client's case and which are false or misleading violate the Rules of Professional Conduct; such statements, however, are not subject to mandatory reporting if knowledge thereof is obtained as a result of a privileged communication.
-
Opinion 94-14 |
Client Files
Upon termination of representation, a lawyer is required to return all papers and property received from the client, but may retain copies at the lawyer's expense. If the client requests copies of other parts of the lawyer's file, the lawyer should make copies of those materials in the lawyer's file to which the client is entitled to access available at the client's expense.
-
Opinion 93-19 |
Negotiations
A settlement proposal to sign a release and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained against the defendant is not per se professionally improper.
-
Opinion 91-24 |
Confidentiality | Court Obligations | Guardians and Guardianship
Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.
-
Opinion 849 |
Scope of Representation
It is not improper for an attorney, pursuant to prior agreement with the client, to limit the scope of his representation in a proceeding for dissolution of marriage to the preparation of pleadings, without appearing or taking any part in the proceeding itself, provided the client is fully informed of the consequences of such agreement, and the attorney takes whatever steps may be necessary to avoid foreseeable prejudice to the client's rights.
Rule 1.16(a)
-
Opinion 99-08 |
Conflict of Interest - Transactional Matters | Discharge of Lawyer | Scope of Representation
A lawyer may prepare a trust document for a client that at the client's request directs the trustee to engage that lawyer to provide legal services for the trust. The lawyer may do so, however, only if the client consents after the lawyer fully communicates and discloses the economic interest of the lawyer in including such provision and indicates that such provision might not be enforceable.
-
Opinion 95-01 |
Board of Directors | Conflict of Interest - Personal Interests | Corporate and In-House Counsel
The fact that a corporation's lawyer is related to its president and principal shareholder does not, standing alone, create a conflict of interest.
-
Opinion 91-08 |
Conflict of Interest | Fees Paid by Third Party
Attorney retained by mother and minor daughter to pursue paternity action. Case is tried, lost, appealed, briefed and argued on appeal. While awaiting decision by Appellate Court, attorney may not honor mother's instruction to dismiss appeal.
-
Opinion 90-26 |
Conflict of Interest | Fees and Expenses | Withdrawal from Representation
A lawyer has an obligation to determine the existence of possible conflicts of interest at the outset of the representation. Upon learning of a conflict of interest, a lawyer should immediately inform his or her client and if consent is not secured for continued representation, should immediately withdraw.
If a lawyer must withdraw from representation due to conflict of interest, he or she shall not be entitled to share in fees arising out of that matter. If, however, the representation is not based upon contingent fee, the lawyer shall not be entitled to any fee following the date upon which a conflict was determined or reasonably should have been determined to exist.
Rule 1.16(b)
-
Opinion 03-04 |
Communication With Client | Withdrawal from Representation
A law firm generally has no ethical obligation to file a lawsuit on behalf of a missing client to satisfy an impending statute of limitations. There may be exceptions, however, if the client specifically authorizes the filing of a lawsuit prior to the client’s disappearance and provides the law firm with sufficient information with which a complaint can reasonably be prepared and filed.
-
Opinion 01-02 |
Client Files | Client Funds and Property | Withdrawal from Representation
Lawyer may properly terminate representation if client's conduct makes it unreasonably difficult for lawyer to carry out employment effectiveness or client fails to substantially fulfill agreement to pay lawyer's fees or expenses; however, lawyer must take reasonable steps to avoid foreseeable prejudice to client as a result of termination. Discarding client's files if client does not retrieve them after 30 days due notice will not likely comply with lawyer's duty to avoid prejudice to client upon termination of representation.
-
Opinion 92-02 |
Insurance Representation
The attorney retained by an insurance company to defend its insured owes a duty to the insured not to disclose facts to the insurer which might prejudice the insured's rights in a potential coverage dispute with the insurer; the insured may thus require that counsel's reports be edited to delete such information. Disagreement between the insured and retained counsel regarding the contents of such reports may ultimately require withdrawal.
-
Opinion 90-30 |
Conflict of Interest
A lawyer may continue to represent a client where their interests are potentially in conflict when the lawyer reasonably believes the representation will not be adversely affected and the client consents after disclosure.
Rule 1.16(d)
-
Opinion 03-04 |
Communication With Client | Withdrawal from Representation
A law firm generally has no ethical obligation to file a lawsuit on behalf of a missing client to satisfy an impending statute of limitations. There may be exceptions, however, if the client specifically authorizes the filing of a lawsuit prior to the client’s disappearance and provides the law firm with sufficient information with which a complaint can reasonably be prepared and filed.
-
Opinion 01-02 |
Client Files | Client Funds and Property | Withdrawal from Representation
Lawyer may properly terminate representation if client's conduct makes it unreasonably difficult for lawyer to carry out employment effectiveness or client fails to substantially fulfill agreement to pay lawyer's fees or expenses; however, lawyer must take reasonable steps to avoid foreseeable prejudice to client as a result of termination. Discarding client's files if client does not retrieve them after 30 days due notice will not likely comply with lawyer's duty to avoid prejudice to client upon termination of representation.
-
Opinion 85-06 |
Court Obligations | Scope of Representation
It is improper for a lawyer to advise client, prepare pleadings, motions and petitions for client as a pro se litigant, file documents in court on client's behalf, but not appear for and on behalf of client during judicial proceedings.