Publications

Articles on Ethics

Contacting, deposing employees of opposing parties: a how-to

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.

No conflict of interest in representing codefendant

November
2007
Illinois Law Update
Page 576
On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 

E-mail Ethics: An Audience with the Wizard

By Karen Erger
October
2007
Column
Page 552
Find out what to do if you misdirect an e-mail or reveal embarrassing metadata.

Time to update the Rules of Professional Conduct?

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
The Illinois Supreme Court Rules Committee is considering a proposal to do just that.

Asked and Answered

September
2007
Column
Page 496
What do you do with uncooperative opposing counsel?

The Illinois Supreme Court OKs advance payment retainers

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
The court last month approved lawyers' use of the advance payment retainer, cautioning that more familiar retainer agreements will be the preferred option in most cases.

The trouble with hourly billing

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
Does the tradition of billing by the hour push lawyers to pad bills and thus engage in the kind of "dishonest" behavior forbidden by the Illinois Rules of Professional Conduct?

What’s Your Duty Under Himmel?

By Helen W. Gunnarsson
June
2007
Cover Story
Page 296
What kind of misconduct by your fellow lawyers should be reported to ARDC? What if you make the wrong call?

Asked and Answered

May
2007
Column
Page 266
Can a disbarred lawyer be a paralegal?

Correspondence from Our Readers

May
2007
Column
Page 226
Report ARDC letters to your malpractice carrier

Ethical Challenges When Lawyers Sell Non-Legal Services

By Jennifer E. Smiley and Michael L. Shakman
May
2007
Article
Page 258
A review of the ethical rules that apply when lawyers seek to broaden their practices by offering non-legal services.

Hire Laterally, Think Ethically

By Helen W. Gunnarsson
May
2007
Cover Story
Page 240
Some things Illinois lawyers and law firms should think about before making a lateral move or hire.

IOLTA change allows trust accounts to earn highest rate

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
Amended RPC 1.15, effective June 1, requires lawyers to place nominal or short-term client funds with banks that pay the same return on IOLTA as on non-IOLTA accounts.

Please, Mr. Postman, Don’t Bring Me a Letter from the ARDC

By Helen W. Gunnarsson
March
2007
Cover Story
Page 128
Odds are you'll be on the receiving end of an ARDC complaint. How should you respond?

Correspondence from Our Readers

December
2006
Column
Page 638
Defending the attorney-client privilege

Blogging and legal ethics

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
Go forth and blog, experts say, but not without educating yourself about relevant ethical issues. 

Are You a “Rules Lawyer”?

By Karen Erger
December
2005
Column
Page 650
You'd better be. Test your knowledge of the Rules of Professional Conduct and stay on the ARDC's good side.

Correspondence from Our Readers

November
2005
Column
Page 554
Poor lawyer image - incivility not the culprit? Mediator as peacemaker.

How to Respond to an ARDC Complaint

By Michael L. Shakman and Arthur W. Friedman
October
2004
Article
Page 530
You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.

The Client That Got Away

By Karen Erger
August
2004
Column
Page 433
The statute of limitations is about to toll and your client is nowhere to be found. What to do? A new ISBA advisory opinion offers guidance.

Proposed New Rules of Professional Conduct for Illinois Lawyers

By Robert A. Creamer and Thomas P. Luning
June
2004
Article
Page 306
A joint ISBA/CBA committee's recommendations for selected new rules of professional conduct.

How Long Must Illinois Lawyers Retain Case Files?

By Anton F. Mikel
February
2004
Article
Page 76
A look at Illinois' murkey law dealing with who owns the contents of client files and how long lawyers have to keep them.

How the New Governmental Ethics Legislation Affects Lawyers

By Jim Covington
February
2004
Column
Page 68
If you practice before any of 32 state agencies and commissions or represent local governmental entities, take a close look at the newly enacted ethics-in-government legislation

When Can You Retain Client Files for Failure to Pay Fees?

By Patrick Sean Ginty
February
2004
Article
Page 97
While retaining liens can be effective, you should understand their scope and effect before you use them.

Learning to Think Like An Ethical Lawyer

By Karen Erger
October
2003
Column
Page 527
That's right, young lawyer; while you might feel you know little compared to your more senior colleagues, you're fully responsible for properly applying ethical rules.

Leaving with clients in tow

By Helen W. Gunnarsson
June
2003
LawPulse
Page 274
If you're leaving your law firm and hope to take business with you, consider these ethical and legal issues.

Attorney previously disbarred in Missouri who violates Illinois Rule of Professional Conduct 1.5(f) subject to two-year suspension rather than censure

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court held that attorney Storment violated Illinois Rule of Professional Conduct 1.5(f) when he failed to obtain his client's written consent to a division of fees with another attorney.

Ethics Board established under Gift Ban Act

January
2003
Illinois Law Update
Page 14
The Illinois Office of the Comptroller added a provision under 2 Ill Adm Code 626, establishing an Ethics Commission (commission) under the Illinois Gift Ban Act (5 ILCS 425).

Illinois Legal Ethics 101

By Thomas More Donnelly
January
2003
Article
Page 18
Answers to some of the most common legal ethics questions.

Reporting Your Partners and Associates to the ARDC

By Michael L. Shakman, Arthur W. Friedman, and Thomas M. Staunton
March
2002
Article
Page 143
What is a lawyer's Himmel obligation to report other lawyers in his or her firm?

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