ISBA Ethics Opinions on Communications with Client

Opinion 26-01 | Communications with Client | Reporting Lawyer Misconduct | Unauthorized Practice of Law
Ethical duties of a lawyer when they learn co-counsel has been removed from the Master Roll of Attorneys for failure to satisfy MCLE requirements.

Once a lawyer learns that the hiring lawyer is removed from the roll, the lawyer should first notify the hiring lawyer that he or she is aware of the removal and that the lawyer cannot continue to work with the hiring lawyer on the matter unless the hiring lawyer takes the necessary steps to be reinstated. If the hiring lawyer fails to do so, the lawyer should then inform the client of the hiring lawyer’s removal and that the lawyer must cease work on the matter. The lawyer is not required to report the removal to the ARDC unless the hiring lawyer continues to practice without being reinstated but is not prohibited by the rules from doing so. The lawyer is not required to report this to the title company.

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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