Practice News

Q.  Can I refer clients to another lawyer or nonlawyer in exchange for referrals from them?

A.  IRPC 7.2(b)(4) states that a “lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may (4) refer clients to another lawyer or nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement.”  Comment 8 to this rule goes on to state that such an arrangement must not interfere with the lawyer’s professional judgment.  For further discussion, see ISBA Advisory Opinion 12-03 as well as the full text to rule 7.2 

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

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

Chief Circuit Judge John T. Elsner is pleased to announce that two finalists have been selected and certified to the Illinois Supreme Court. The finalists are seeking to fill the vacancy created by the retirement of Associate Judge Thomas C. Dudgeon. From these names, the Circuit Judges will select one appointee by secret ballot.

• Robert W. Rohm, J.D.-Drake University Law School, 1990; admitted to practice of law in Illinois, 1990. Mr. Rohm is currently a partner with the law firm of Taylor Miller (1999-present). He is an active member with the DuPage County Bar Association and the Illinois State Bar Association.
• Ann Celine O'Hallaren Walsh, J.D.-Chicago Kent College of Law, 1998; admitted to the practice of law in Illinois, 1999. Ms. O'Hallaren Walsh is currenty the Supervisor of the Sex Crimes/Domestic Violence and Child Abuse Unit fo the DuPage County State's Attorney's Office (1999-present). Ms. O'Hallaren Walsh is an active member of the DuPage County Bar Association, Illinois State Bar Association, DuPage Association of Women Lawyers and Illinois Prosecutors Association.

As a lawyer doing asbestos litigation for the Metro East firm Simmons Hanley Conroy, Karoline Carstens of Alton has honed her deposition-taking skills to a sharp edge. In the latest issue of ISBA's YLDNews, she shares some of her expertise with lawyers who have little or no experience deposing witnesses.

For example, she underscores the importance of knowing the applicable procedural rules."[I]f your case is filed in Illinois state court, read through the Illinois Rules of Civil Procedure, especially Rules 201-224 on discovery and depositions," she writes.

Also, Carstens advises, "[b]e aware that many courts have local rules and standing orders that address the deposition process. It is very important to know these rules. I often bring a copy of the standing order that governs many of my cases to depositions in the event a dispute arises."

And that dispute might oblige you to reach out to the judge, she writes. "Once in a great while, a disagreement may require the immediate intervention of the judge assigned to your case. It is beneficial to know whether your judge is agreeable to being called during a deposition. If so, keep the phone number handy just in case." Read her article for tips about handling objections, how and why to prepare thoroughly, and more.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Maintenance in family law cases (Public Act 98-961), Condominium Property Act (Senate Bill 2664), Trusts and Trustees Act (Public Act 98- 946), UM/UIM insurance (Public Act 98-927) and Service of process (Public Act 98-966). More information on the bill is available below the video.