Rule 1.4(b)
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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 10-01 |
Confidentiality
A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information if the law firm makes reasonable efforts to ensure the protection of confidential client information
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Opinion 07-01 |
Conflict of Interest | Government Representation
Because state government is not one entity composed of all departments under the jurisdiction of the Governor for purposes of resolving conflict of interest questions, a lawyer may represent one state government agency while representing a private party adverse to another state government agency.
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Opinion 02-01 |
Board of Directors | Conflict of Interest
Absent disclosure and consent, a lawyer cannot represent an insurer with regard to a claim where the insurer’s interests are inconsistent with those of a reinsurer on whose Board the lawyer sits.
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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.
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Opinion 97-04 |
Business Transactions With Clients | Referral Fees and Arrangements
A lawyer may not properly take a referral fee from an investment advisor for referring a client to the advisor unless the lawyer rebuts the presumption of undue influence that arises when a lawyer enters into a business transaction with the client; the presumption may be rebutted by showing the transaction was fair, the client had the opportunity for independent advice of counsel and consented to the transaction after full disclosure.
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Opinion 94-01 |
Lawyer Retained and Compensated and Directed by Third Party | Scope of Representation | Unauthorized Practice of Law
A lawyer aids in the unauthorized practice of law, and may violate rules pertaining to confidentiality, conflicts, and the duty to communicate with and explain matters to a client, by limiting his role in a real estate transaction to the drafting of documents and delegating the gathering and dissemination of information, the resolution of problems arising from the documents drafted, and other problems which may arise at the closing, to the real estate broker.
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Opinion 92-18 |
Conflict of Interest | Lawyer Representing Lawyer | Prosecutors
An attorney whose firm represents prosecutors in civil matters is not disqualified per se from opposing those prosecutors in criminal cases.
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Opinion 92-09 |
Fees and Expenses | Financial Assistance to Clients
Attorney may ethically assist clients in obtaining loans for payment of attorney fees, providing the attorney protects the client's confidences and meets his fiduciary obligation of complete disclosure.
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Opinion 92-04 |
Board of Directors
It is not improper for an attorney to act as general counsel to a corporation and serve as a board member of that corporation so long as there is full disclosure to the board any possible conflicts that might arise through his law practice or his friend's and the attorney refrains from entering into any non-legal business transactions with his corporate client.
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Opinion 90-02 |
Business Transactions With Clients
Under stated facts, it is professionally improper for lawyer to insist that client name lawyer's bank client as fiduciary.
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Opinion 845 |
Client Funds and Property | Deceased or Missing Clients
A law firm must continue to hold client funds in a trust account even when the client cannot be located.