Publications

Articles on Ethics

Ethics Puzzlers: Facebook, Fees, and More

By Peter L. Rotskoff and Melinda J. Bentley
February
2012
Article
Page 84
What if opposing counsel wins a continuance to go to a funeral but takes an island vacation instead (and posts photos on Facebook)? Ethics authorities explore these and other hypotheticals.

The high court empowers the ARDC to go after UPL

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
New rules give the Illinois Attorney Registration and Disciplinary Commission authority to prosecute actions for the unauthorized practice of law.

Client service 101

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
A seasoned family law practitioner explains how to avoid common mistakes lawyers make in working with clients.

The Ethical Office: Managing Nonlawyer Staff

By Helen W. Gunnarsson
December
2011
Cover Story
Page 614
The Rules of Professional Conduct make managing nonlawyer staff a high-stakes business. Find out which rules are most directly implicated and learn how to be a better boss.

Substitution of judge for cause: the high court keeps the bar high

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
The supreme court refused an invitation to hold that "appearance of impropriety," as opposed to proof of actual prejudice, is the standard for substitution of judge for cause.

What’s the best way out of an ethical pickle?

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
Taking quick remedial action and preemptive self-reporting can be the best way to handle a disciplinable blunder, ethics authorities advise.

Ethical Issues in Representing Elderly Clients with Diminished Capacity

By Kerry R. Peck
November
2011
Article
Page 572
When can - and must - you allow your diminished-capacity client to make a decision you advise against? This article explores this and other ethics issues that arise in serving elderly clients.

ABA Ethics, Part 1: new opinions on lawyer websites, e-mail/client confidentiality

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
New ethics opinions give helpful e-advice, particularly for lawyers with websites.

ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.

Correspondence from Our Readers

October
2011
Column
Page 486
Odds of success.

Friending Your Enemies, Tweeting Your Trials: Using Social Media Ethically

By Helen W. Gunnarsson
October
2011
Cover Story
Page 500
A look at the special ethical challenges that arise when lawyers use Facebook, Twitter and the like and how to address them.

Illinois Supreme Court Rule Changes: The Year So Far

By Michele M. Jochner
October
2011
Article
Page 520
From new IOLTA rules to a new official citation system, a range of important supreme court rule changes took effect from January through September of 2011.

Don’t be an oddsmaker

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
It's a bad idea - maybe even an ethics no-no - to tell clients what you think their chances of winning are, an ISBA lawyer opines.

Ethics in the age of Twitter

By Helen W. Gunnarsson
January
2011
LawPulse
Page 10

Selling Out

By Helen W. Gunnarsson
January
2011
Cover Story
Page 20
The 2010 update of Illinois' ethics rules make it easier to sell a law practice. But what about practical issues like valuation and transition planning? Seasoned solos offer advice.

Succession Planning and the Duty of Diligence

By John Cesario
January
2011
Column
Page 46
Succession planning might just be part of your ethical duty of diligence.

ISBA ethics opinions: updated and easier to research

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610

“It’s Toasted”: Lawyer websites and the rules of ethics

By Karen Erger
December
2010
Column
Page 645
So what can you say and do on your website? A new ABA ethics opinion provides guidance.

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
Cover Story
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.

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