Practice News

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers IMDMA and life insurance (House Bill 5825), Guardianship for minors (House Bill 5686), UM/UIM arbitration (House Bill 5575), FOIA (House Bill 5875), IMDMA Rewrite (House Bill 1452), Victims’ Constitutional amendment (HJRCA 1) and Electronic voting in associations and condos (Senate Bill 3040). More information on each bill is available below the video.

Q. I am a solo practitioner who sometimes uses a legal listserve to ask questions about cases. What ethical issues may arise when I use a listserve?

A. Rule 1.6(a) states that “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c).” ISBA Professional Conduct Advisory Opinion 12-15 (as well as ABA Formal Ethics Opinion 98-411) discusses the use of listservs as a tool to further client interests as long as precautions are met (such as using hypothetical or abstract situations) to protect client confidentiality and identity and to recognize and guard against potential misuse by others.

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.    

Please consider volunteering to help the public with their legal questions and, at the same time, enhance the image of the profession.

Each year, to recognize and celebrate Law Day, the Illinois State Bar Association sponsors “Ask A Lawyer Day,” a day during which volunteers respond to telephone calls from the public and answer general legal questions free of charge. This is a state-wide public relations effort that receives considerable attention from the public and the media. 

“Ask A Lawyer Day” volunteer lawyers in Springfield will answer calls at the Illinois Bar Center offices at 424 South Second Street from 9 a.m.-noon.  Volunteer lawyers in the Chicago area, will volunteer in the Chicago Office, 20 North Clark Street, Suite 900, from 9 a.m.-noon.

Springfield

• Illinois Bar Center
• 424 South Second Street
• 9:00 a.m. – noon

Chicago

• ISBA Regional Office
• 20 North Clark Street, Suite 900
• 9:00 a.m. – 12:00 p.m.

 If you are interested in volunteering, please complete and return this form to Tracy Potter.  You can send it any of the following ways:

FAX: (217) 525-9063
EMAIL: tpotter@isba.org
PHONE: (800) 252-8908

Please let us know by April 4 if you would like to participate.

Q. A client has asked me to handle her divorce, but I’ve never done one. Can I ethically represent her?

A. Lawyer competence to handle any given matter is addressed in RPC 1.1. Comment [2] provides that “a lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar” and that “a lawyer can provide adequate representation in a wholly novel field through necessary study.” In addition, Comment [4] says that “a lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation.”  A novice lawyer could also associate with a lawyer of “established competence” in the field at issue in order to competently represent the client.

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics