Q. Can I enter into a fee agreement with a client to lobby the legislature on a proposal where my fee is contingent upon the passage of the proposal?

A. RPC 1.5(d) expressly prohibits contingent fees in only two types of cases (certain domestic relations matters and criminal cases). However, by case law and statute, charging a contingent fee in a lobbying matter is prohibited. See In re Browning 23 Ill.2d 483 (1962) and 25 ILCS 170/8.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a solo in Bloomington, Illinois. I have just completed my third year in solo practice. I have one full time secretary, a paralegal, and I office share with a group of attorneys. My overhead is low and my margin is 61%. I have been approached by a two attorney (2 partners) firm regarding merging with their firm. One of the partners is relatively new (joined the firm 3 years ago) and the other is the firm founder and is planning on retiring in the next year. On average the other firm's revenue per attorney and partner earnings is on par or even less than mine. Their overhead is much higher. The two partners have been operating on a handshake with no succession/transition plan for the senior partner and no understanding of retirement financial arrangements (buy-out). While I have some concerns and fears about merging I believe that merger would provide me access to mentoring, additional resources and staff, and ability to improve my competencies and handle larger more complex cases. I would appreciate your thoughts.

Q. My client gave false information in an administrative hearing. Do I have to inform the tribunal?

A. Comment [3] to Illinois Rule of Professional Conduct 3.3 states that an advocate is responsible for pleadings and other documents prepared for litigation, but is usually not required to have personal knowledge of matters asserted therein, for litigation documents ordinarily present assertions by the client, or by someone on the client’s behalf, and not assertions by the lawyer. However, Rule 3.3(a)(3) states that a lawyer shall not knowingly “offer evidence that the lawyer knows to be false.”  If the lawyer learns the information was false, the lawyer “shall take reasonable measures, including, if necessary, disclosure to the tribunal.”   For further information see ISBA Ethics Opinion 13.05.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Bridgeview Health Care Center, Ltd. v. State Farm Fire and In re of Marriage of Donald B. and the criminal cases In re Brandon P., People v. Stahl and People v. Stoecker. The court also released In re Commitment of Fields, In re Rita P., People v. Bingham, WISAM 1, Inc. v. Illinois Liquor Control Commission and Nelson v. The County of Kendall.

Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish at a click of the "delete" key? Learn more about emerging principles and best practices in this fast-moving area of law in the June IBJ.

The Illinois Supreme Court announced today that the Nineteenth Judicial Circuit judges voted to select David C. Lombardo as associate judge of the Nineteenth Judicial Circuit.

Mr. Lombardo received his undergraduate degree in 1988 from DePauw University in Greencastle, Indiana, and his Juris Doctor in 1991 from St. Louis University in St. Louis. Mr. Lombardo is currently affiliated with the Law Office of D. Christopher Lombardo in Waukegan.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the sole owner of a law firm in Walnut Creek, California. I have three associates and five staff members in the firm. I am looking to hire another associate. The associate I am considering has been out on his own for five years - no office and no employees. He would bring around 30 active matters with him. I was thinking of paying him a salary with a discretionary bonus based upon performance. Fees originated and generated would be a major component of the performance determination that would impact future salary increases, bonuses, and eligibility for partnership. However, I believe that I must do something with regard to the business that he brings with him. I would appreciate your thoughts and suggestions.

ISBA books cover a wide range of subjects, are written by recognized authorities, and most titles are now bundled with a complimentary Fastbook PDF download. As our Fastbooks are readable on computers, tablets, and other mobile devices, it is now even easier to have the law at your fingertips! And as always, ISBA members get a significant discount on nearly everything in our store at www.isba.org/store.

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on May 16, 2014, during the May Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.