Illinois Bar Journal


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Articles on Ethics

The New, More Clear, More Compete Rules: the Example of Rule 3.7 By Donald E. Weihl November 2010 Column, Page 594 The new version of Rule 3.7 ("Lawyer as Witness") doesn't change the law, but it expresses it more clearly.
Business Lawyers and the New Ethics Rules By Markus May October 2010 Column, Page 540 It's now easier to represent multiple clients, and to practice in Illinois if you're from out of state.
ADR and the New Rules: The Role of Third-Party Neutrals By Thomas D. Cavenagh September 2010 Column, Page 482 The ethical obligations of attorneys practicing as third-party neutrals.
Clearer Guidance for Estate Planning Lawyers By Katarinna McBride and Graham B. Schmidt August 2010 Column, Page 433 What about clients with diminished capacity? Confidentiality and prospective clients? Here's a look.
Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media By Beth C. Boggs and Misty L. Edwards July 2010 Article, Page 366 What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.
Labor and Employment Lawyers and the New Rules By Michael R. Lied July 2010 Column, Page 376 New rules affect lawyers who represent organizations and clients who appear before agencies.
Criminal Lawyers and the New Ethics Rules By Randall Rosenbaum June 2010 Column, Page 326 Now lawyers must keep "information" (not just "secrets") confidential.
Avoiding Withdrawal Pains By Helen W. Gunnarsson May 2010 Article, Page 240 You've had enough of the Client from Hell and you need to withdraw from the representation. The good news - you almost certainly can. Just make sure you do it properly.
Controlling Case Expenses: Lawyers’ Duty to Clients By Robert L. Fogel, Michael S. Young, and Katie M. King May 2010 Article, Page 244 A look at the trial lawyer's fiduciary and ethical responsibility to disclose, monitor, and control reimbursable case expenses incurred on behalf of clients.
Rule 3.3 and Honesty in Litigation By Robert T. Park May 2010 Column, Page 272 Don't make a false statement, offer false evidence, or fail to disclose adverse authority.
ISBA Opinion 10-02 Reins in Real Estate Brokers By Peter J. Birnbaum April 2010 Column, Page 212 This new ethics opinion is good news for real estate lawyers, the author contends.
Will You Be My (Facebook) Friend? By Karen Erger April 2010 Column, Page 210 Those pesky ethics rules follow lawyers everywhere, even onto social-media pages.
Organization as Client - a Continuing Dilemma for Business Lawyers By Stephen Proctor March 2010 Column, Page 160 It's an ethics problem under the old and new rules alike.
Ethical Issues for Family Lawyers Under the New Rules of Professional Conduct By Paulette M. Gray January 2010 Article, Page 36 A look at some hypothetical but all-too-common family-law scenarios and how to approach them under the 2010 Illinois Rules of Professional Conduct.
Ethics-rule amendment clarifies role of lawyer-lobbyists By Helen W. Gunnarsson January 2010 LawPulse, Page 10 An amendment to new RPC 3.9 removes a cross-reference that lawyer-lobbyists feared might forbid heretofore accepted forms of one-on-one lobbying.
Is Selling Title Insurance a “Business Transaction”? By Joseph R. Fortunato and Steven B. Bashaw January 2010 Column, Page 50 A reference to the sale of title insurance in the new rules has some lawyers concerned.
Real Ethics and Courtesy for Divorce Lawyers By H. Joseph Gitlin January 2010 Column, Page 52 Not all ethical rules appear in the Rules of Professional Conduct.
So you want to be house counsel By Helen W. Gunnarsson January 2010 LawPulse, Page 10 Be sure to give your prospective employer a thorough going-over before you say "yes".
Bloggers - endorse with care By Helen W. Gunnarsson December 2009 LawPulse, Page 598 The FTC has issued new guidelines governing product endorsements by bloggers.
When Can You Defend Both a Corporation and Its Officers? By Richard L. Miller, II and Joshua E. Liebman December 2009 Article, Page 618 When they're sued, corporations and their officers often turn to the corporation's lawyer. But look out for conflicts of interest before you undertake joint representation.
Your Responsibility for an Impaired Partner By Karen Erger December 2009 Column, Page 638 Ethics rules oblige you to protect your clients and the profession.
Get Ready for Illinois’ New Rules of Professional Conduct By Robert A. Creamer October 2009 Article, Page 500 The new rules, which take effect January 1, align Illinois legal-ethics regulation with the national norm. Learn about th emajor changes.
Inactive Client Relationships May Create Per Se Conflicts for Criminal Defense Lawyers By Isaac J. Colunga October 2009 Article, Page 522 A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.
Telling a prospective client “I’m just not that into you” By Helen W. Gunnarsson October 2009 LawPulse, Page 490 ISBA lawyers offer various ways to deliver the message, but all agree that you can’t be afraid to tell would-be clients “no” if representing them doesn’t feel right.
Professional Responsibility Revisited: New Illinois Rules Coming Soon By Tom Gaylord September 2009 Column, Page 472 The new rules have extensive official commentary, something missing from the current RPC.
Social media and legal ethics By Helen W. Gunnarsson September 2009 LawPulse, Page 438 May an Illinois lawyer list his or her "Specialties" on LinkedIn without running afoul of Illinois RPC 7.4?
Coming January 1: New Rules of Professional Conduct By Helen W. Gunnarsson August 2009 LawPulse, Page 386 Among other things, the new rules clarify that flat fees do not constitute frowned-upon "advance payment retainers," which is good news for most lawyers.
Lawyers, Guns and Money: Pop Songs and Legal Ethics By Karen Erger April 2009 Column, Page 208 A musical lesson in malpractice prevention.
Did Pat Fitzgerald say too much? By Helen W. Gunnarsson March 2009 LawPulse, Page 116 Lawyers disagree about whether prosecutor Fitzgerald crossed the line when he said Rod Blagojevich’s conduct “would make Lincoln roll over in his grave.”
Attorney censured for not disclosing “controlled business arrangement” By Helen W. Gunnarsson January 2009 LawPulse, Page 10 The ARDC Hearing Board found that a Mundelein lawyer/title agent didn't make disclosures to clients required by the Title Insurance Act.