ISBA Ethics Opinions on Discharge of Lawyer | Illinois State Bar Association

Opinion 99-08 | Conflict of Interest - Transactional Matters | Discharge of Lawyer | Scope of Representation
Lawyer’s preparation of trust documents directing trustee to employ lawyer or lawyer’s firm

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.

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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