ISBA Ethics Opinions by IRPC Rule 3.9 | Illinois State Bar Association

Read Illinois Rule of Professional Conduct 3.9 Advocate in Nonadjudicative Proceedings

Rule 3.9 Advocate in Nonadjudicative Proceedings

Opinion 12-13 | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
Representing municipality in non-adjudicative zoning matter oppossed by law firm partner and availability of municipality informed consent to allow representation in other matters.

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.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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