Read Illinois Rule of Professional Conduct 4.1 Truthfulness in Statements to Others
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Rule 4.1 Truthfulness in Statements to Others
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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.
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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.
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Opinion 11-01 |
Arbitration and Mediation | Reporting Lawyer Misconduct
When a lawyer-mediator learns that a lawyer representing a party in a mediation has violated Rule 8.4(c), the lawyer-mediator has an obligation to report that lawyer’s misconduct. Provisions in the Uniform Mediation Act or the Not-For-Profit Mediation Center Act generally do not prevent such disclosure.
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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.
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Opinion 96-03 |
Communication With Adverse Person | Deceased or Missing Clients
A lawyer must make timely disclosure of a client's death in a pending personal injury matter. Where the lawyer represents a corporation in a claim against a third party, the deaths of principal officers or shareholders need not be disclosed unless the information is material to the matter.
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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.
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Opinion 93-16 |
Client Fraud | Confidentiality
Where lawyer's knowledge of client's past violations of tax laws is either privileged or "secret" under Rule 1.6, the lawyer may not properly voluntarily disclose such violations to tax authorities or other persons without the consent of the client.
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Opinion 93-14 |
Communication With Unrepresented Person
An attorney may communicate with an unrepresented party, provided that the attorney does not give advice or permit the assumption that the attorney is a "disinterested" party.
Rule 4.1(a)
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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 01-06 |
Communication With Adverse Person | Frivolous Arguments
While a lawyer may zealously represent the interests of a client, a lawyer must be truthful in dealings with adversaries and third parties and cannot take actions designed merely to harass or burden such other parties.
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Opinion 95-10 |
Misrepresentation
A lawyer who makes a material change in a document submitted by another lawyer for signature should disclose the change when returning the signed document; failure to do so may constitute unprofessional conduct.
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Opinion 93-14 |
Communication With Unrepresented Person
An attorney may communicate with an unrepresented party, provided that the attorney does not give advice or permit the assumption that the attorney is a "disinterested" party.
Rule 4.1(b)
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Opinion 95-10 |
Misrepresentation
A lawyer who makes a material change in a document submitted by another lawyer for signature should disclose the change when returning the signed document; failure to do so may constitute unprofessional conduct.
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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.