Publications

Section Newsletter Articles on Ethics

Lawyers may not secretly track sent emails, says ISBA opinion By Mark C. Palmer Legal Technology, Standing Committee on, April 2018 A recent Professional Conduct Advisory Opinion from the ISBA joined at least three other jurisdictions in concluding that the practice of using hidden email tracking software would be unethical for a variety of reasons.
A lesson in the ethics of social media By Deane B. Brown Bench and Bar, April 2018 Social media creates new ethical concerns for attorneys and judges, yet there is little case law to provide guidance on appropriate usage. 
Are you acting unethically by failing to screen for domestic violence? By Christine Hunt Young Lawyers Division, February 2018 It is an attorney’s ethical duty to both provide competent legal representation and to be an advisor to their clients. Screening for domestic violence only takes a few minutes, but is essential to successful and ethical representation.
E-mail: Why can’t I keep my free account? By Carl R. Draper General Practice, Solo, and Small Firm, February 2018 We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
ABA considers modifying model rules on attorney advertising By Edward Casmere Bench and Bar, January 2018 The rules controlling how lawyers communicate with the public may be in for an overhaul.
Stay or go? Ethical public service to elected leadership By Peter J. Orlowicz Government Lawyers, December 2017 What happens when the way we are directed to carry out our duties seems inconsistent with the public trust and public interest we are charged with maintaining?
Social media and judicial ethics By Hon. Steve Pacey, (Ret). Bench and Bar, October 2017 A presence on social media poses potential disciplinary hazards for attorneys and perhaps more so for attorneys who are judges.
Convenience, speed and ethics By Michael J. Maslanka Real Estate Law, July 2016 What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?
Beware the pitfall: Avoiding ethical lapses in client intake By Kyle Stevens Young Lawyers Division, June 2016 A discussion of some of the ethical issues regarding client retention and non-engagement letters.
Ehics corner: Estate planning attorneys should not ignore their own mortality By Michael J. Drabant Trusts and Estates, September 2015 Illinois Supreme Court Rule 756 now requires that in each lawyer’s annual registration, he or she must disclose whether there is a written succession plan in place for their firm.
7th Circuit speaks on ethics By Michael J. Maslanka Real Estate Law, August 2015 Takeaways from Peterson v. Katten Muchin Rosenman LLP of interest to transactions attorneys.
Ethics considerations for Illinois attorneys serving on non-profit boards By Dan Ebner Law Office Management and Economics, Standing Committee on, June 2015 This article identifies the key ethics rules related to attorneys serving on nonprofit boards, discusses the different roles an attorney-board member can have, and analyzes conflicts issues in detail.
2015 Ethics Extravaganza—Another well-received CLE production By Mike Jadron Government Lawyers, April 2015 The Ethics Extravaganza, held on March 6, 2015, provided an interactive experience focusing on ethical issues encountered by the governmental lawyer.
Ethics Corner: Tennessee ethics opinion places limits on attorney’s authority to disclose will By Edward J. Jarot Trusts and Estates, September 2014 While the Tennessee opinion is not precedent in Illinois, the opinion raises interesting questions regarding the Attorney-Client Privilege and whether the privilege can be waived by anyone other than the client.
Ethics corner: A word of caution when accepting credit card payments By Michael J. Drabant Trusts and Estates, July 2014 The ISBA recently issued a Professional Conduct Advisory Opinion which highlights some of the ethical implications of accepting credit cards as a means of paying attorney fees.
Ethics corner By John H. Brechin Local Government Law, May 2014 Two recent ISBA opinions address attorney misconduct and conflict of interest.
The “nothing new here” new PTO ethics rules By Lori M. Haymon Intellectual Property, May 2013 Effective May 3, 2013, the United States Patent and Trademark Office has adopted new rules on professional ethics.
Ethical considerations in Of Counsel relationships By David B. Sosin Senior Lawyers, February 2013 This article is intended to give the reader a basic understanding of the Of Counsel concept and how the ethical use of that term has evolved with respect to the formation and operations of law firms.
Real estate ethics corner By Michael J. Rooney Real Estate Law, June 2012 In the current real estate market, foreclosure rescue schemes and scams and short-sales abound. Real estate lawyers do well to recognize when they are involved in a transaction that may take one or more “funny” turns that end up not being very humorous for the lawyer.
“The newlywed game”—Marriage fraud in immigration: Ethical guidance By Jesse Hodierne International and Immigration Law, May 2012 A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
Real estate ethics corner By Michael J. Rooney Real Estate Law, May 2012 A simple residential leasehold transaction proved troublesome for one Illinois attorney and the Illinois Supreme Court suspended the attorney from the practice of law for 90 days.
Real estate ethics corner By Michael J. Rooney Real Estate Law, April 2012 Do the Rules of Professional Conduct still govern the conduct of the attorney when he or she owns the owns the entity registered as a title insurance agent?
Silence is the new Golden Rule By Michael D. Wong Young Lawyers Division, April 2012 Under the recent change to Rule 1.6 of the Illinois Rules of Professional Conduct, without informed consent an attorney may not disclose ANY information regarding a case or representation, even if that information is of public record. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, March 2012 A discussion of the recent disciplinary matter of In re: David Milton Svec.
Real estate ethics corner By Michael J. Rooney Real Estate Law, February 2012 Two recent disciplinary cases share a number of interesting features, though one arose in the Chicago area and one downstate in Lincoln.
Real estate ethics corner By Michael J. Rooney Real Estate Law, January 2012 In both disciplinary matters discussed here, the attorney sent postcards to prospective clients indicating he would handle real estate transactions for a set fee without disclosing that he would also receive title insurance premiums and, in the earlier case, fees for surveys, both from companies in which he had an ownership interest. Moreover, his ownership interest in those entities was not disclosed. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2011 In re Shaveda Monique Scott involved a five-count complaint against an attorney for failing to disclose her financial interest stemming from her role as a registered title insurance agent when representing clients in six transactions and for violating the rules regarding conflicts of interest by improperly representing both buyers and seller in four of those matters.
Ethical issues for business and intellectual property lawyers, part 2 By Eugene F. Friedman Business Advice and Financial Planning, August 2011 The second installment in this series on ethics for business lawyers.
Ethics corner: The ethics of working with non-attorney professionals By Darrell Dies Trusts and Estates, July 2011 A look at some of the issues involved with providing estate planning and estate administration services to a financial planning firm's clients.
Ethical issues for business and intellectual property lawyers—Part 1 By Eugene F. Friedman Business Advice and Financial Planning, June 2011 The first installment in this series on ethics for business lawyers.

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