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Opinion 25-03 |
Confidentiality | Former Client
Under the unique bankruptcy code and case law, a lawyer who has previously represented a client in an uninsured motorist claim, and who is terminated after being employed by the trustee as special counsel to prosecute the claim, is not required to withdraw as special counsel. The interests of the former client and the bankruptcy estate are not adverse and the lawyer may use confidential information received from the client that is pertinent to the claim in the lawyer’s representation of the bankruptcy estate.
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Opinion 21-02 |
Confidentiality
The Illinois Rules of Professional Conduct allow a lawyer to provide the executor and trustee named in a deceased client’s estate planning documents with the final executed copies of those documents and whatever portions of the estate planning file may be helpful to the named fiduciary to carry out the deceased client’s intent expressed in those documents. The lawyer may give other family members limited information about the deceased client’s estate planning documents and file if providing that limited information will allow a beneficiary to enforce her rights or if the disclosure might prevent litigation. If a lawyer receives a subpoena issued in a will or trust contest for a deceased client’s estate planning file, the lawyer should contest the subpoena and not comply until a court has ordered the lawyer to comply.
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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 20-02 |
Confidentiality | Corporate and In-House Counsel
Rule 1.13 of the Illinois Rules of Professional Conduct governs when and whether an in-house lawyer is required to report possibly fraudulent conduct of the entity’s employees, officers, or other individuals to higher authorities within the organization and to others outside the organization. Even if such reporting is not required, an in-house lawyer may be permitted to disclose such information within the organization, subject to the lawyer’s obligations to maintain client confidences under IRPC 1.6 and 1.9.
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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 03-07 |
Confidentiality | Nonlawyer Assistants
The responsibilities of lawyers regarding nonlawyer assistants extends to interpreters who are employed or retained by, or associated with a lawyer for the purpose of communicating with hearing impaired clients.
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Opinion 00-02 |
Confidentiality | Fees Paid by Third Party | Impaired Client
A lawyer may not divulge a psychiatric report utilized in a Social Security Disability hearing to the adult claimant’s parent unless the attorney is of the opinion that the adult claimant is disabled to the extent that a guardian should be appointed for the claimant.
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Opinion 98-04 |
Communication With Client | Confidentiality | Inadvertent Receipt and Disclosure of Confidential Materials
A lawyer who, without notice of the inadvertent transmission, receives and reviews an opposing party’s confidential materials through the error or inadvertence of opposing counsel, may use information in such materials. A lawyer who knows of an inadvertent transmission before confidential materials of an opposing party have been opened and reviewed should return such materials without examination. A lawyer has a duty to advise a client that confidential information was inadvertently transmitted to and read by opposing counsel.
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Opinion 97-01 |
Confidentiality | Referral Fees and Arrangements
A lawyer may request the names of potential customers for his employer bank from another lawyer, but should not coerce the other lawyer to produce such names. A lawyer may give the names of his clients to a bank as potential customers for banking services, but must first obtain consent of his clients to do so.
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Opinion 96-10 |
Advertising and Solicitation | Confidentiality | E-mail
Lawyers may use electronic mail services, including the Internet, without encryption to communicate with clients unless unusual circumstances require enhanced security measures. The creation and use by a lawyer of an Internet “web site” containing information about the lawyer and the lawyer’s services that may be accessed by Internet users, including prospective clients, is not “communication directed to a specific recipient” within the meaning of the rules, and therefore only the general rules governing communications concerning a lawyer’s services and advertising should apply to a lawyer “web site” on the Internet. If a lawyer uses the Internet or other electronic mail service to direct messages to specific recipients, then the rules regarding solicitation would apply.
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Opinion 94-10 |
Confidentiality | Fees and Expenses
A lawyer may, in the exercise of discretion, disclose a client's confidences to defend himself against accusation of wrongful conduct.
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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 93-04 |
Confidentiality
The disclosure of amounts owed to a law firm by its clients, to the law firm's bank, may be the disclosure of confidences or secrets of the client, such that the law firm must obtain client consent prior to disclosure.
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Opinion 92-12 |
Confidentiality | Impaired Lawyer | Reporting Lawyer Misconduct
An attorney may not use or reveal information given him by a doctor/client concerning the doctor's patient (an attorney considered to be incompetent to practice law) but he may suggest alternatives that the doctor can pursue with the patient and his family.
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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.
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Opinion 90-27 |
Confidentiality
Improper for Public Defender's Office to disclose secret of one client to another client represented by different Assistant Public Defenders in unrelated cases.
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Opinion 89-13 |
Confidentiality | Court Obligations | Deceased or Missing Clients
A defense attorney whose client has disappeared may reveal such confidences or secrets upon requesting a continuance at a status call if required by court order or law to do so, but such attorney may not give a false reason for requesting a continuance.
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Opinion 88-13 |
Client Funds and Property | Confidentiality | Court Obligations
Lawyer has no duty to reveal secret but not privileged information that is incriminating to his client; a lawyer is under no obligation to take possession of physical evidence offered to him by third party; if lawyer takes possession of inculpatory physical evidence from third party he may have to turn it over to the state if it will otherwise likely be destroyed or is contraband or will cause serious injury.
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Opinion 88-07 |
Confidentiality | Former Client
It is professionally improper for an attorney to file an annexation lawsuit against a Village Board when the attorney has obtained confidential information in his previous position as Village Board Attorney regardless of whether this information is disclosed to the general public.
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Opinion 87-15 |
Client Fraud | Confidentiality
Lawyer for Wife in Marriage Dissolution Matter Has No Duty to Disclose Understatement of Income on Joint Tax Returns by Client's Husband.
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Opinion 84-02 |
Confidentiality | Court Obligations
It is improper for an attorney to attempt to influence a court by revealing information disclosed to him in a privileged communication and which is inadmissible as evidence.
