ISBA Professional Conduct Advisory Opinions
2024
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Court Obligations; Scope of Representation :
Illinois lawyer acting as local counsel in a criminal matter in Illinois state court for a non-Illinois lawyer
-
Law Firm Name and Letterhead; Of Counsel Designation :
Use of the terms “senior counsel,” “special counsel,” and “counsel” to describe lawyers with whom a firm has a close, regular, and personal relationship
2023
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Unauthorized Practice of Law :
Non-Illinois lawyer sending demand letter to Illinois business on behalf of Illinois resident
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Division of Fees; Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice :
Shareholder agreement requiring departing lawyer’s new firm to pay former firm portion of fees earned from former firm clients
-
Business Transactions With Clients; Conflict of Interest; Referral Fees and Arrangements :
Lawyer receiving fee for referring client to investment advisor
-
Communication With Represented Person :
Pro se lawyer contacting opposing party represented in one aspect of a case but unrepresented in another aspect of the case
-
Corporate and In-House Counsel; Restrictions on a Lawyer’s Practice :
Corporate legal department employment agreement with non-compete
2022
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Former Client :
Representing medical malpractice plaintiff against medical group that lawyer previously represented as defense counsel in medical malpractice matters
-
Advertising and Solicitation; Sharing Fees With Nonlawyers :
Lawyer participating in for-profit client matching service
-
Law Firms; Multijurisdictional Practice; Unauthorized Practice of Law :
Illinois Licensed Lawyer Practicing Illinois Law From a Geographic Location Outside of Illinois
-
Law Firm Name and Letterhead; Of Counsel Designation :
Use of Deceased or Retired Partners' Names in Firm Name and Proper Characterization of "Of Counsel" Relationship
2021
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Conflict of Interest :
Lawyer representing surviving spouse as both estate administrator and renouncing spouse
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Confidentiality :
Lawyer's disclosure of client estate planning documents after client's death
-
Conflict of Interest :
Firm representing employees of corporate entity in immigration matters at corporate entity's request while suing same corporate entity in unrelated matter
-
Division of Fees; Referral Fees and Arrangements :
Paying a referral fee to an out-of-state lawyer
2020
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Law Firms; Nonlawyer Assistants :
Services allowed to be performed by law school graduates prior to licensure
-
Confidentiality; Corporate and In-House Counsel :
Duties of in-house lawyer when confronted with internal fraud or criminal conduct that could be imputed to the organization.
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Threatening Criminal Prosecution :
Referencing available statutory remedies in a demand letter that include both civil and criminal liability.
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Law Firm Name and Letterhead; Of Counsel Designation :
Named partner in full-time nonlegal employment and no longer practicing law.
-
Client Fraud; Confidentiality; Withdrawal from Representation :
Obligations when lawyer learns of client fraud in nonlitigation matter.
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Client Funds and Property :
Lawyer's possession of dispute settlement funds.
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Guardians and Guardianship; Impaired Client :
Lawyer's obligations when client becomes impaired during the representation.
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Law Firms; Multijurisdictional Practice; Nonlawyer Assistants; Unauthorized Practice of Law :
Non-Illinois licensed lawyer working at Illinois law firm while applying for admission to Illinois
2019
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Conflict of Interest - Litigation Matters; Fee Agreements; Fees and Expenses :
Class representative fee arrangement providing for additional compensation beyond court awarded amount
-
Financial Assistance to Clients :
Lawyers assistance in helping client obtain financial assistance from third party during litigation
-
Client Files; Client Funds and Property; Confidentiality :
Requests to produce lawyer business records including client trust account information
-
Communication With Client; Law Firms; Nonlawyer Assistants; Outsourcing Legal and Legal Support Services; Temporary Lawyers :
Communication with Represented Person
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Opinion # 19-05
Withdrawn :
Copying opposing lawyer's client on reply email (See ABA Formal Opinion 503 - November 2, 2022)
2018
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Communication With Represented Person; Confidentiality; E-mail :
Use of tracking software in emails or other electronic communications
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Conflict of Interest; Imputed Disqualification; Screening :
Availability of screening to insulate existing members of a firm from other firm members potential conflicts
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Communication With Represented Person :
Communicating with prospective client when that person is represented by another lawyer.
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Conflict of Interest - Personal Interests; Imputed Disqualification :
Preparing testamentary documents that give the preparing lawyer a substantial gift
2017
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Confidentiality; Impaired Client :
Disclosure of client confidential information to prevent reasonably certain death or substantial bodily harm
-
Client Files; Law Firms :
Maintenance of client files and records
-
Conflict of Interest; Conflict of Interest - Transactional Matters :
Lawyer representing husband and wife in short sale while representing husband in contemplated divorce
-
Conflict of Interest; Conflict of Interest - Transactional Matters :
Representing buyer and seller in real estate transaction
-
Corporate and In-House Counsel :
In-house counsel representing multiple subsidiaries of same corporate parent
2016
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Law Firm Name and Letterhead; Law Firms; Multijurisdictional Practice :
Out of state professional coroporation registration under Rule 721
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Court Obligations; Frivolous Arguments; Reporting Lawyer Misconduct :
Withholding controlling legal authority from a tribunal as trial strategy
-
Conflict of Interest; Former Client :
Seeking child support from the same father on behalf of multiple clients
-
Conflict of Interest; Division of Fees; Fees and Expenses; Of Counsel Designation :
Applicability of fee division and conflict of interest rules in of counsel relationship
-
Conflict of Interest; Government Representation; Nonlawyer Assistants :
Member of city council employed by law firm as paralegal
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Client Files; Confidentiality; Law Firms :
Obligations when using cloud-based services
2015
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Corporate and In-House Counsel; Unauthorized Practice of Law :
Practice before the U.S. PTO by non-Illinois licensed lawyers
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Client Funds and Property :
Disposition of unclaimed and unidentified client funds
-
Client Funds and Property :
Unclaimed wills
-
Division of Fees; Referral Fees and Arrangements :
Sharing court awarded fees with non-profit referral source
-
Advertising and Solicitation :
Links on a lawyer's website to other businesses or organizations
2014
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Client Funds and Property; Fees and Expenses :
Credit card used to fund a security retainer
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Communication With Unrepresented Person; Plea Agreements; Prosecutors :
Tendering plea agreements to unrepresented defendants
-
Conflict of Interest; Corporate and In-House Counsel; Professional Independence of Lawyer; Sharing Fees With Nonlawyers; Unauthorized Practice of Law :
In-house corporate lawyer may not provide legal services to the corporate employer's customers
-
Advertising and Solicitation; Unauthorized Practice of Law :
Solicitation of personal injury cases in Illinois by non-Illinois licensed lawyer
-
Conflict of Interest; Conflict of Interest - Personal Interests; Government Representation; Prosecutors :
State's Attorney representing county in labor negotiaitons with county law enforcement personnel
-
Advertising and Solicitation :
Wearing firm apparel bearing firm logo during television interview
-
Advice to Client; Government Representation; Scope of Representation :
Providing legal services to clients under the Compassionate Use of Medical Cannabis Pilot Program Act
2013
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Court Obligations; Fees and Expenses :
Collecting a fee in excess of an amount allowed by court order
-
Arbitration and Mediation; Conflict of Interest; Multiple Representation :
Representing business parters in same partnership adverse to each other in an arbitration proceeding
-
Arbitration and Mediation; Unauthorized Practice of Law :
Nonlawyer's representation of parties to a FINRA arbitration
-
Business Transactions With Clients; Conflict of Interest; Government Lawyers :
Lawyer owner and officer of financial institution serving as counsel to municipality which does business with financial institution
-
Client Fraud; Court Obligations; Withdrawal from Representation :
Lawyers discovery that client has submitted false evidence to a tribunal
-
Communication With Represented Person; Guardians and Guardianship :
Obligation of lawyer acting as a Guardian ad litem in adoption proceeding to contact petitioners' counsel prior to interviewing petitioners or minors at issue
-
Conflict of Interest; Government Representation; Prosecutors :
Lawyer serving as both a municipal prosecutor and administrative hearing officer for the same municipality
-
Multijurisdictional Practice; Nonlawyer Assistants; Unauthorized Practice of Law :
Practicing immigration law in Illinois by non-Illinois admitted lawyer
-
Communication With Represented Person :
Direct communication with government representatives
-
Communication With Client :
Sharing discovery materials with criminal defendant client
2012
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Threatening Criminal Prosecution :
Lawyer's participation in presenting NSF check to state's attorney for prosecution on behalf of a client
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Fees and Expenses :
Fee for estate planning calculated upon percentage of estate value
-
Advertising and Solicitation; Confidentiality; Referral Fees and Arrangements :
Lawyer's participation in networking group with nonlawyer professionals
-
Advertising and Solicitation :
Labeling direct solicitations as "Advertising Material"
-
Conflict of Interest; Prospective Clients :
Duties owed to prospective client when considering representing a different individual in the same matter
-
Client Files; Law Firms :
Maintenance of client files and records
-
Court Obligations :
Disclosure to court of opposing party's potential affirmative defense
-
Confidentiality; Government Lawyers :
Duty to disclose confidential information provided by a client that might reveal possible child sexual abuse by a non-client
-
Multijurisdictional Practice; Unauthorized Practice of Law :
Non-Illinois lawyer partnering with Illinois lawyer in Illinois and advising clients on Illinois law
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Confidentiality; Impaired Client; Withdrawal from Representation :
Withdrawal from representation and disclosure to court of client's increasingly impaired mental capacity
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Discharge of Lawyer; Division of Fees; Fees and Expenses :
Fee sharing between discharged lawyer and successor lawyer
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Appearance of Impropriety; Conflict of Interest - Personal Interests; Government Representation; Imputed Disqualification :
Defending government entity in matter brought by law firm partner and availability of government entity's informed consent to allow representation in other matters
-
Conflict of Interest - Personal Interests; Government Representation; Imputed Disqualification :
Representing municipality in non-adjudicative zoning matter oppossed by law firm partner and availability of municipality informed consent to allow representation in other matters.
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Advertising and Solicitation; Communication With Client; Law Firm Partnership and Employment Agreements; Law Firms :
Duties and obligations of departing law firm associate
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Confidentiality :
Use of listservs or online discussion groups
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Confidentiality; Conflict of Interest :
Participation in mentoring programs
-
Advertising and Solicitation; Arbitration and Mediation; Multijurisdictional Practice; Unauthorized Practice of Law :
Non Illinois licensed lawyer representing party in Illinois arbitration proceeding
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Conflict of Interest; Prospective Clients :
Taint Shopping
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Client Funds and Property; Fees and Expenses; Fees Paid by Third Party :
Use of advance payment retainers in family law matters
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Contingent Fees :
Propriety of charging contingent fee for discovering and collecting unclaimed property
2011
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Arbitration and Mediation; Reporting Lawyer Misconduct :
Reporting lawyer misconduct while serving as an arbitrator or mediator
-
Conflict of Interest; Restrictions on a Lawyer’s Practice :
Agreement limiting lawyer's subsequent use of third party consultant's ideas and advice
-
Opinion # 11-03
Client Files :
Withdrawn :
Maintenance of client files and records
-
Conflict of Interest - Personal Interests; Imputed Disqualification :
Lawyer's cross examination of spouse
-
Multiple Representation :
Lawyer likely to be disqualified as necessary witness at trial may continue to represent client up until trial
-
Lawyer as Witness :
Lawyer likely to be disqualifited as necessary witness at trial may continue to represent client up until trial
2010
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Confidentiality :
Law firm’s use of a third party technology vendor
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Referral Fees and Arrangements :
Reciprocal referral agreements
2009
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Communication With Corporate Employees; Communication With Represented Person; Communication With Unrepresented Person :
Communications with current and former corporate constituents
-
Conflict of Interest; Imputed Disqualification; Multiple Representation :
Concurrent representation of physician and co-defendant hospital in unrelated matters
2007
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Conflict of Interest; Government Representation :
Concurrent representation of private parties against government entities and as counsel for other government entities in unrelated matters
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Of Counsel Designation; Retirement and Sale of Law Practice :
Continued practice after sale of law practice
2006
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Client Funds and Property; Financial Assistance to Clients :
Lawyer’s personal guarantee to pay liens and subrogation claims
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Advertising and Solicitation; Division of Fees; Unauthorized Practice of Law :
Third party vendor lawyer promotion (advertising) and compensation
2005
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Former Client :
Representation of new client in matter in which former client in unrelated matter may testify against new client
2004
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Conflict of Interest - Interests in Common Fund and Property :
Representation of two clients with competing interests in property possessed by third-party
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Communication With Represented Person :
Communication with represented party in employment negotiations
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Arbitration and Mediation; Communication With Unrepresented Person; Scope of Representation :
Mediator preparing post-mediation divorce documents for unrepresented spouse to file pro se
2003
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Opinion # 03-01
Withdrawn :
Duties to former clients
-
Law Firm Name and Letterhead; Of Counsel Designation :
Firm name implying partnership, referencing Of Counsel relationship
-
Advertising and Solicitation; Law Firm Name and Letterhead :
Capital Litigation Trial Bar designation
-
Communication With Client; Withdrawal from Representation :
Missing client
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Advertising and Solicitation; Dual Professions :
Identifying non-legal accreditations
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Contingent Fees; Division of Fees; Prosecutors :
Fee sharing upon partner becoming government prosecutor
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Confidentiality; Nonlawyer Assistants :
Use of Interpreters
2002
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Board of Directors; Conflict of Interest :
Lawyer serving on Board of Directors of insurance reinsurer and representing its customers
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Client Funds and Property; Fees and Expenses :
Transfer of dissolved corporate client’s funds held in trust by lawyer to lawyer as fees
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Contingent Fees :
Post judgment proceedings to determine property rights.
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Multijurisdictional Practice; Unauthorized Practice of Law :
Lawyer negotiating accident related medical claims in jurisdiction in which not licensed
2001
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Client Files; Client Funds and Property; Communication With Client :
Former client access to lawyer’s file
-
Client Files; Client Funds and Property; Withdrawal from Representation :
Failure to pay legal fees, disposal of files
-
Opinion # 01-03
Withdrawn :
Ex parte communications
-
Lawyer Referral Services; Reporting Lawyer Misconduct :
Fee dispute
-
Arbitration and Mediation; Division of Fees; Referral Fees and Arrangements :
Mediation firm paying nonlawyers in exchange for case referrals
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Communication With Adverse Person; Frivolous Arguments :
Harassment of opposing party and third-persons
-
Conflict of Interest :
Lawyers in same firm representing distinct local units of government
2000
-
Opinion # 00-01
Withdrawn :
Confidentiality agreements and restrictions on the right to practice
-
Confidentiality; Fees Paid by Third Party; Impaired Client :
Confidentiality of impaired client’s medical report
1999
-
Conflict of Interest :
Concurrent representation of clients with divergent interests in different, but related, matters
-
Opinion # 99-02
Withdrawn :
Referrals from non-lawyers
-
Advertising and Solicitation; Communication With Represented Person; Conflict of Interest - Transactional Matters :
Lawyer for lending institution seeking to represent already represented borrower
-
Opinion # 99-04
Withdrawn :
Disclosure of client fraud to tribunal
-
Opinion # 99-05
Withdrawn :
Prosecutorial discretion
-
Business Transactions With Clients; Conflict of Interest - Transactional Matters :
Lawyer acting as a trust administrator for, and being compensated by, investment trust company
-
Communication With Unrepresented Person :
Lawyer for lender compensated by borrower
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Conflict of Interest - Transactional Matters; Discharge of Lawyer; Scope of Representation :
Lawyer’s preparation of trust documents directing trustee to employ lawyer or lawyer’s firm
1998
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Former Client :
Lawyer representing trust beneficiary against former client trust in unrelated matter
-
Division of Fees; Temporary Lawyers :
Division of fees/compensation of contractual lawyer
-
Business Transactions With Clients; Conflict of Interest; Dual Professions :
Lawyer paid fees for making referrals between inventor clients and product promoter clients
-
Communication With Client; Confidentiality; Inadvertent Receipt and Disclosure of Confidential Materials :
Lawyer inadvertently receives confidential information from opposing party
-
Reporting Lawyer Misconduct :
Discovery abuses
-
Communication With Unrepresented Person; Conflict of Interest - Litigation Matters :
Representing one spouse in divorce and both spouses in bankruptcy
-
Opinion # 98-07
Withdrawn :
Disclosure of client fraud
-
Insurance Representation :
Lawyer duties to client insured while retained and paid by insurer
-
Opinion # 98-09
Withdrawn :
Enforceability of fee sharing agreement by deceased attorney’s estate
1997
-
Confidentiality; Referral Fees and Arrangements :
Disclosing client identity
-
Advertising and Solicitation :
Lawyer’s employee in-person solicitation
-
Unauthorized Practice of Law :
Corporation providing legal services
-
Business Transactions With Clients; Referral Fees and Arrangements :
Fee for referring clients to other nonlawyer professionals
-
Advertising and Solicitation; Lawyer Referral Services; Referral Fees and Arrangements :
For profit referral service
-
Advertising and Solicitation; Division of Fees :
Prerecorded telephone legal information hotline
-
Business Transactions With Clients; Dual Professions :
Lawyer owned corporation preparing and placing public notice advertisements
-
Contingent Fees; Fee Agreements; Fees and Expenses :
Fee for reduction of lien, common fund doctrine.
-
Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice :
Non-compete provision of partnership agreement
1996
-
Advertising and Solicitation :
Distribution of materials at public seminar
-
Advertising and Solicitation :
Third-party solicitation on behalf of a lawyer
-
Communication With Adverse Person; Deceased or Missing Clients :
Disclosure of client’s death
-
Advertising and Solicitation; Division of Fees; Unauthorized Practice of Law :
Private practice in the name of a nonlawyer owned corporation
-
Conflict of Interest - Transactional Matters :
Lawyer representing renouncing spouse and claimant in same estate matter, lawyer representing executor and debtor in same estate matter
-
Conflict of Interest - Litigation Matters; Fees Paid by Third Party; Impaired Client :
Concurrent representation of parents and minor child
-
Government Representation :
Successive government and private employment
-
Advertising and Solicitation; Scope of Representation :
Advertising “specialization,” delegation of work outside firm
-
Advertising and Solicitation; Communication With Represented Person; Reporting Lawyer Misconduct :
Discharged lawyer contacting represented former client, duty to report
-
Advertising and Solicitation; Confidentiality; E-mail :
Use of e-mail, Lawyer Websites
-
Communication With Client; Impaired Lawyer :
Duty to disclose information about referring lawyer’s practice
1995
-
Board of Directors; Conflict of Interest - Personal Interests; Corporate and In-House Counsel :
Lawyer for corporation related to corporate president and principal shareholder
-
Client Files; Law Firms :
Access to client files after lawyer leaves firm
-
Advertising and Solicitation; Conflict of Interest; Guardians and Guardianship :
Court appointed guardian ad litem for minor may represent that minor in personal injury litigation arising out of matter in which attorney acted as guardian ad litem
-
Former Client; Prospective Clients :
Brief but substantive discussion with plaintiff in dispute with university does not preclude attorney joining university legal staff
-
Conflict of Interest; Government Representation; Imputed Disqualification :
Lawyer representing municipality in various defense matters may bring unrelated claim against municipal agency only with consent of both clients
-
Financial Assistance to Clients :
Improper for attorney to advance financial assistance to client for medical services
-
Unauthorized Practice of Law :
Improper for nonlawyer to provide assistance or advice in completing corporate documents such as articles of incorporation
-
Opinion # 95-08
Withdrawn :
Business cards
-
Opinion # 95-09
Withdrawn :
Appearing before government body on which attorney’s employee serves as a member
-
Misrepresentation :
Failure to disclose material alteration of document by lawyer
-
Client Funds and Property; Fee Agreements :
Improper to negotiate settlement check of missing client
-
Communication With Represented Person; Threatening Disciplinary Action :
Threatening disciplinary prosecution to gain advantage in ordinance violation matter and communicating with represented government party
-
Opinion # 95-13
Overruled :
Withdrawal from representation to seek other clients
-
Client Fraud; Court Obligations :
Duty to disclose fraudulent indigency affidavit filed by client with the court
-
Conflict of Interest - Organizational Affiliates :
Adverse representation of corporate affiliate of current corporate client
-
Contingent Fees :
Fee for post-judgment dissolution of marriage matters
1994
-
Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law :
Drafting documents but delegating legal advice on those documents to nonlawyers
-
Opinion # 94-02
Withdrawn :
Solicitation of clients by non-licensed Illinois attorney
-
Advertising and Solicitation; Government Representation :
Social hospitality to elected and appointed government officials
-
Advertising and Solicitation; Referral Fees and Arrangements :
Lawyer participation in informational seminar and subsequent legal representation
-
Opinion # 94-05
Withdrawn :
Unauthorized practice of law by non-Illinois licensed attorney in arbitration matters
-
Fees and Expenses :
Charging interest on litigation expenses advanced to client
-
Communication With the Court :
Ex Parte request from Court to draft order
-
Advertising and Solicitation; Referral Fees and Arrangements; Unauthorized Practice of Law :
Client referrals from nonlawyer in exchange for payments
-
Former Judge; Imputed Disqualification :
Former judge discussing and advising on case in which judge was previously substantially involved
-
Confidentiality; Fees and Expenses :
Disclosure of confidential client information to collect fee or defend against wrongful conduct
-
Advertising and Solicitation; Division of Fees :
Participation in for profit telephone legal advice hotline managed and advertised by nonlawyers
-
Advertising and Solicitation; Division of Fees; Referral Fees and Arrangements :
Participation in for profit lawyer referral service managed and advertised by nonlawyers
-
Client Files :
Duty to provide contents of client file
-
Client Files :
Duty to provide contents of client file
-
Former Client :
Representation of one spouse against the other spouse (and former client)
-
Government Representation; Prosecutors :
Concurrent representation of civil and criminal defendants while acting as special prosecutor in same jurisdiction
-
Fees and Expenses :
Responsibility for payment of court reporter’s fees
-
Opinion # 94-18
Withdrawn :
Reporting lawyer misconduct
-
Opinion # 94-19
Withdrawn :
Destruction of client files
-
Imputed Disqualification; Lawyer Holding Public Office :
Lawyer representing client against municipality which employs lawyer’s partner as police officer
-
Conflict of Interest; Government Lawyers; Government Representation :
Representation of client adverse to current municipal client in different matters
-
Opinion # 94-22
Overruled :
Referrals and fee splitting
-
Reporting Lawyer Misconduct :
Duty to report conduct of non-Illinois lawyer
-
Opinion # 94-24
Withdrawn :
Disclosure of client fraud to the tribunal
1993
-
Business Transactions With Clients; Dual Professions :
Lawyer as title insurance agent
-
Conflict of Interest :
Lawyer garnishing bank account on behalf of creditor while representing bank in unrelated matters
-
Client Funds and Property; Reporting Lawyer Misconduct :
Duty to report improper financial assistance to client
-
Confidentiality :
Disclosure of client billing records to firm’s financial institution
-
Threatening Criminal Prosecution :
Reporting NSF check to local prosecutor
-
Opinion # 93-06
Withdrawn :
Disclosure of client’s past criminal conduct
-
Lawyer as Witness :
Representing plaintiff and testifying to conversations with defendant
-
Conflict of Interest; Prosecutors :
Prosecutor leases office space to lawyers who may represent clients adverse to prosecutor
-
Conflict of Interest - Litigation Matters :
Representing driver and passenger in automobile accident litigation
-
Advertising and Solicitation :
In-person solicitation of employment
-
Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law :
Lawyer hired by third party
-
Ex Parte Communications; Prosecutors :
Ex parte communication to obtain emergency relief
-
Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice :
Firm employment agreement requiring execution of promissory note as guarantee lawyer shall not compete with firm after termination of relationship
-
Communication With Unrepresented Person :
Contact with opposing party insured while insured assisted by insurance company adjuster but not an attorney
-
Unauthorized Practice of Law :
Nonlawyer representatives in Illinois Department of Employment Hearings
-
Client Fraud; Confidentiality :
Lawyer knowledge of past tax violations
-
Client Funds and Property; Fees and Expenses :
Deduction of attorney fees from funds held in escrow
-
Former Client :
Representing clients in a matter related to, but consistent with the interests of, a former client
-
Negotiations :
Negotiating strategy including suggestions of adverse post-trial publicity
-
Reporting Lawyer Misconduct :
Duty to report conflicts of interest
1992
-
Opinion # 92-01
Withdrawn :
Dual representation
-
Insurance Representation :
Lawyer retained by insurance company to represent insured, potential coverage dispute.
-
Communication With Represented Person :
Communication with elected government officials
-
Board of Directors :
Lawyer serving as General Counsel and board member
-
Arbitration and Mediation; Dual Professions :
Lawyer engaged in divorce mediation business with nonlawyer
-
Opinion # 92-06
Withdrawn :
Out of state attorney filing lawsuit in Illinois federal court
-
Temporary Lawyers :
Law firm hiring temporary lawyers on hourly basis
-
Advertising and Solicitation; Referral Fees and Arrangements :
Corporate client recommends its law firm to corporate employees and secures reduced fees for the employees
-
Fees and Expenses; Financial Assistance to Clients :
Assisting client to obtain loan to pay attorney fees
-
Opinion # 92-10
Withdrawn :
Former judge’s use of the term “judge” in client development
-
Opinion # 92-11
Withdrawn :
Disqualification of prosecutor with personal relationship to opposing counsel
-
Confidentiality; Impaired Lawyer; Reporting Lawyer Misconduct :
Duty to report age impaired incompetent lawyer
-
Lawyer as Witness :
Testimony related to collection of attorney fees
-
Opinion # 92-14
Withdrawn :
Restrictions on in-house departing lawyer’s right to practice
-
Opinion # 92-15
Withdrawn :
Municipality’s employment of non-Illinois licensed attorney as personnel officer
-
Advertising and Solicitation; Referral Fees and Arrangements :
Reduced fees to government employee in exchange for potential referrals
-
Advertising and Solicitation :
Direct mail solicitations
-
Conflict of Interest; Lawyer Representing Lawyer; Prosecutors :
Representation of prosecutors in civil matter unrelated to their office while opposing them on behalf of criminal defendants
-
Prosecutors :
Representation of defendant in civil litigation after prosecution of same defendant in same or related matter
-
Unauthorized Practice of Law :
Representation of client after client advised by nonlawyer
-
Communication With Client; Ex Parte Communications :
Attorney communication with client spouse who is a judge
-
Former Client :
Use of client information subsequent to representation
-
Lawyer Referral Services :
For profit lawyer referral service
-
Opinion # 92-24
Withdrawn :
Sharing fees with non-attorney
1991
-
Conflict of Interest; Prosecutors :
Part-time public defender prosecuting appeals on behalf of State Appellate Prosecutors Office in unrelated matters
-
Opinion # 91-02
Withdrawn :
Disclosure of partnership affiliation
-
Division of Fees; Fees Paid by Third Party; Referral Fees and Arrangements :
Lawyer retained by collection agency on behalf of creditor
-
Lawyer Holding Public Office :
Lawyer holding office as county board member defending clients in criminal proceedings in same county
-
Former Client :
Representation of estate (including judgment debtor beneficiary) adverse to former client judgment creditor
-
Fees and Expenses :
Secretarial overtime
-
Reporting Lawyer Misconduct :
Duty to report client’s prior attorney’s fraud
-
Conflict of Interest; Fees Paid by Third Party :
Representation of mother and minor daughter in paternity action
-
Lawyer Holding Public Office :
Lawyer serving in volunteer advisory position to local government
-
Unauthorized Practice of Law :
Participation in review of nonlawyer prepared financial and estate planning documents
-
Former Client :
Negotiating leases adverse to former client
-
Law Firm Partnership and Employment Agreements; Restrictions on a Lawyer’s Practice :
Employment agreement prohibiting solicitation of former firm clients
-
Advertising and Solicitation; Contingent Fees :
Charging contingent fee in non-litigation matters
-
Opinion # 91-14
Withdrawn :
Acting as intermediary in child placement service
-
Opinion # 91-15
Withdrawn :
Conflicts of insurance company in-house counsel
-
Client Funds and Property :
Disbursement of settlement proceeds to prior attorney without client consent
-
Conflict of Interest :
Public defenders with shared common office and support staff representing adverse interests in single proceeding
-
Fees Paid by Third Party :
Representation of property owner’s through a real estate broker association
-
Reporting Lawyer Misconduct :
Publicity concerning report to disciplinary agency
-
Opinion # 91-20
Withdrawn :
Representing new client in same matter as formerly represented a different client
-
Communication With Adverse Person; Communication With Represented Person :
Lawyer communication with adverse party’s in-house counsel without knowledge of adverse party’s retained private counsel
-
Prosecutors :
Part-time county prosecutor representing criminal defendants in adjacent counties
-
Reporting Lawyer Misconduct :
Duty to report information learned through privileged communication
-
Confidentiality; Court Obligations; Guardians and Guardianship :
Duty to disclose theft of estate assets by guardian
-
Opinion # 91-25
Withdrawn :
Petition for fees by pro bono counsel
-
Insurance Representation :
Concurrent representation of multiple insurers while prosecuting subrogation claims
-
Board of Directors; Law Reform Activities; Prosecutors :
Lawyer non-profit organization board member support of legislative initiative adverse to client
-
Conflict of Interest; Fees Paid by Third Party :
Duties of lawyer to client and third party who benefits and may also pay lawyer fees
-
Reporting Lawyer Misconduct; Threatening Criminal Prosecution :
Duty to report opposing lawyers threat against client to pursue criminal prosecution
1990
-
Opinion # 90-01
Withdrawn :
Confidential information
-
Business Transactions With Clients :
Soliciting clients to become customers of lawyers business
-
Conflict of Interest - Transactional Matters :
Representation of multiple parties in real estate transaction
-
Former Judge :
Representing party in matter in which lawyer formerly acted as judge
-
Former Client :
Representing spouse in dissolution of marriage where lawyer formerly represented both spouses in various matters
-
Law Firms :
Sharing office space with nonlawyers
-
Opinion # 90-07
Withdrawn :
Use of mobile communication devices
-
Reporting Lawyer Misconduct :
Duty to report information gained during the attorney-client relationship and which has already been reported by others
-
Opinion # 90-09
Withdrawn :
Withdrawal when client seeks to pursue illegal course of conduct
-
Opinion # 90-10
Withdrawn :
Retainer fees
-
Referral Fees and Arrangements :
Referral fee to lawyer ethical prohibited from representing the client
-
Opinion # 90-12
Withdrawn :
Client Fraud
-
Unauthorized Practice of Law :
Financial institution preparing land trust or deed
-
Opinion # 90-14
Withdrawn :
Court appointed counsel and exercise of independent professional judgment
-
Opinion # 90-15
Withdrawn :
Preservation of confidential information when representing multiple clients
-
Dual Professions :
Lawyer operating nonlawyer business from law office
-
Lawyer Holding Public Office :
Lawyer city council member and law firm representing clients before city council
-
Referral Fees and Arrangements :
Reasonableness of referral fee
-
Advertising and Solicitation; Unauthorized Practice of Law :
Nonlawyer preparing revocable trust documents and/or initiating contact with potential clients for lawyer
-
Division of Fees; Unauthorized Practice of Law :
Lawyer employed by business preparing Revocable Living Trusts
-
Opinion # 90-21
Withdrawn :
Lawyer participation in networking group
-
Opinion # 90-22
Withdrawn :
Labeling marketing materials as “promotional"
-
Opinion # 90-23
Withdrawn :
Lawyer employment arrangements to obtain advantageous health insurance benefits
-
Conflict of Interest - Personal Interests :
Married lawyers representing differing interests
-
Court Appointed Lawyer; Financial Assistance to Clients :
Lawyer as surety on personal representatives bond, court appointment from judge to whom lawyer made campaign contributions
-
Conflict of Interest; Fees and Expenses; Withdrawal from Representation :
Entitlement to fee upon determination of conflict and subsequent withdrawal
-
Confidentiality :
Duties of public defenders to inform clients of unrelated investigations
-
Reporting Lawyer Misconduct :
Duty to report triggered by actual knowledge
-
Prosecutors :
Part-time county prosecutor representing prisoners in civil rights cases against law enforcement officers in adjacent counties
-
Conflict of Interest :
Continued representation of client where opposing lawyer threatens civil prosecution against lawyer for actions arising out of representation
-
Conflict of Interest - Transactional Matters :
Representing buyer and lender in real estate transaction
-
Business Transactions With Clients; Dual Professions :
Lawyer acting as insurance and investment professional
-
Opinion # 90-33
Withdrawn :
Allowing attorney fees for collecting attorney fees from client
-
Conflict of Interest; Government Representation :
Law firm representing municipality and criminal defendants charged in municipality
-
Unauthorized Practice of Law :
Lawyer preparing estate documents for members of not-for-profit organization
-
Reporting Lawyer Misconduct :
Duty to report threats of criminal prosecution
-
Advertising and Solicitation :
Solicitation via written communication
1989
-
Conflict of Interest - Transactional Matters :
Representing business broker on behalf of buyer and seller in same transaction
-
Prosecutors; Referral Fees and Arrangements :
Prosecutor’s acceptance of referral fee for violation of county ordinance
-
Opinion # 89-03
Overruled :
Use of local counsel with potential conflict
-
Communication With Represented Person; Prosecutors :
Prosecutor’s communication with, and initiated by, defendant without consent of defendants lawyer
-
Nonlawyer Assistants :
Participation in law firm profit sharing plan by nonlawyer employees
-
Law Firm Name and Letterhead :
Identifying predecessor firms on letterhead
-
Reporting Lawyer Misconduct :
Duty to report claims of ineffective assistance of counsel
-
Opinion # 89-08
Withdrawn :
Reporting false statements of a deponent
-
Opinion # 89-09
Withdrawn :
State’s Attorney filing divorces in county in which he serves
-
Opinion # 89-10
Withdrawn :
State’s Attorney representation of County in criminal and civil matter arising out of same matter
-
Conflict of Interest; Disciplinary Proceedings; Withdrawal from Representation :
Continuing representation after client files disciplinary charge against lawyer
-
Opinion # 89-12
Withdrawn :
Withdrawal and tribunal consent
-
Confidentiality; Court Obligations; Deceased or Missing Clients :
Disclosure to Court that client is no longer in contact with lawyer
-
Business Transactions With Clients :
Lawyer as insurance agent
-
Conflict of Interest; Government Representation :
Participation of city attorney in ordinance adoption proceeding where city attorney will personally benefit
-
Plea Agreements :
Conditioning Plea Agreement on dismissal of civil action
-
Insurance Representation :
Lawyer retained by insurance company on behalf of insured
-
Conflict of Interest :
Lawyer employed by university representing terminated university employee in criminal matter unrelated to employment
1988
-
Opinion # 88-01
Withdrawn :
Participation in confession of judgment proceeding
-
Imputed Disqualification; Screening :
Former public defender hired as assistant state’s attorney in same county
-
Communication With Unrepresented Person :
Lawyer for spouse in dissolution matter rendering advice to unrepresented spouse
-
Deceased or Missing Clients :
Settling case and recovering fee in matter with missing client
-
Board of Directors; Conflict of Interest :
Lawyer on board of directors of financial institution representing competing institutions in unrelated matters
-
Lawyer Holding Public Office :
Lawyer member of school board representing client adverse to school board
-
Confidentiality; Former Client :
Lawyer representing interests adverse to former client and using confidential, but public, information
-
Nonlawyer Assistants; Unauthorized Practice of Law :
Collection agency employing nonlawyer, or utilizing law firm paralegal, to answer inquiries from the collection agency’s office in the name of a law firm
-
Opinion # 88-09
Withdrawn :
Private hearing officer for agency representing clients before same agency
-
Communication With Represented Person; Prosecutors :
State’s Attorney communication with represented defendant
-
Opinion # 88-11
Withdrawn :
Disclosure of predecessor attorney malpractice
-
Opinion # 88-12
Withdrawn :
Pro se representation against former client
-
Client Funds and Property; Confidentiality; Court Obligations :
Lawyer advised, or in possession, of client incriminating physical evidence by third person.
-
Opinion # 88-14
Overruled :
Conflict of interests
-
Client Funds and Property; Fees and Expenses :
Lawyer transferring client funds held in trust for lawyer’s fees
-
Conflict of Interest :
Lawyer employed by student funded university student legal services representing individual students against other students
-
Reporting Lawyer Misconduct :
Duty to report conduct of disbarred lawyer
1987
-
Law Firm Name and Letterhead; Nonlawyer Assistants :
Names of nonlawyer firm employees on firm letterhead
-
Lawyer Retained and Compensated and Directed by Third Party; Scope of Representation; Unauthorized Practice of Law :
Lawyer taking direction from client’s agent real estate broker
-
Contingent Fees; Fees and Expenses :
Disbarred lawyer fees in contingent matter
-
Conflict of Interest; Government Representation :
Part-time county public defender representing civil client adverse to county
-
Fees and Expenses; Witnesses :
Compensation and reimbursement of witnesses
-
Insurance Representation :
Representation of insured in underlying matter and insurer in declaratory action against other insurers
-
Threatening Disciplinary Action :
Threat by current attorney against former attorney to coerce settlement
-
Opinion # 87-08
Withdrawn :
Attorney’s spouse as court reporter
-
Opinion # 87-09
Withdrawn :
Disclosure of client intent to commit a crime
-
Fees and Expenses :
Interest on past due bills or advanced expenses
-
Opinion # 87-11
Withdrawn :
Representation adverse to former client
-
Opinion # 87-12
Withdrawn :
Designation as counsel on accountant’s stationary
-
Opinion # 87-13
Withdrawn :
Assistant Attorney General representing agency and private client with adverse interests
-
Opinion # 87-14
Withdrawn :
Private hearing officer for agency representing clients before same agency
-
Client Fraud; Confidentiality :
Duty to report client’s spouse apparent IRS fraud
1986
-
Opinion # 86-01
Withdrawn :
Law firm representing criminal defendants and county in unrelated matters
-
Prosecutors :
Part-time prosecutor primarily in civil matters representing criminal defendants in adjacent counties
-
Fees and Expenses; Witnesses :
Payment of expert witness contingent on outcome
-
Government Representation; Prosecutors :
Lawyers within same firm acting as criminal defense counsel and part-time county prosecutors in unrelated matters
-
Opinion # 86-05
Withdrawn :
Representing public agency adverse to another public agency in which partner is member
-
Former Client :
Representing spouse against other spouse who is former client
-
Conflict of Interest :
Confession of judgments
-
Law Firm Name and Letterhead; Unauthorized Practice of Law :
Use of law firm letterhead by client with lawyer review and approval
-
Threatening Criminal Prosecution :
Threatening referral to county prosecutor of NSF check matter
-
Court Obligations; Frivolous Arguments :
Lawyer purposefully filing actions in improper venue
-
Communication With Unrepresented Person :
Lawyer representing spouse drafts appearance form for unrepresented spouse
-
Conflict of Interest :
Lawyer representing police officer in disciplinary matter and criminal defendants in same jurisdiction
-
Government Representation :
Part-time private lawyer representing municipality and criminal defendants charged with municipal ordinance violations
-
Board of Directors :
Lawyer serving on board of directors and representing organization
-
Conflict of Interest - Transactional Matters :
Lawyer representing buyer and seller of real estate
-
Communication With Client; Law Firm Partnership and Employment Agreements; Law Firms :
Departing firm associate communications with client and entitlement to fees
-
Conflict of Interest; Former Client :
Lawyers obligations to a client are not transferred to another when client transfers interest in the subject matter of the representation
-
Judges :
Lawyer bearing expense of golf outing for clients and judges
-
Judges; Law Reform Activities :
Bar association invitations to judges for luncheon and annual meetings
1985
-
Advertising and Solicitation :
Sponsorship of athletic team
-
Law Firm Name and Letterhead :
Misrepresenting partnership status
-
Dual Professions :
Combined law and accounting practice
-
Opinion # 85-04
Withdrawn :
Stock transactions
-
Communication With Adverse Person; Communication With Represented Person :
Notice required by agreement directly to opposing person
-
Court Obligations; Scope of Representation :
Lawyer preparing pleadings and advising pro se litigant
-
Law Firm Name and Letterhead; Unauthorized Practice of Law :
Law firm providing letterhead to client
-
Opinion # 85-08
Overruled :
Litigation conflicts when opposing parties represented by family members
-
Fees and Expenses :
Computerized legal research
-
Opinion # 85-10
Withdrawn :
Former government lawyer
-
Former Client :
Lawyer representing client against spouse of former client
-
Opinion # 85-12
Withdrawn :
Communications with corporate employees
-
Opinion # 85-13
Withdrawn :
State’s Attorney representing other public bodies in county
-
Conflict of Interest; Nonlawyer Assistants :
Part-time public defenders sharing office space and secretary
1984
-
Opinion # 84-01
Withdrawn :
Financial institution providing office space and arranging client appointments
-
Confidentiality; Court Obligations :
Lawyer advising court of knowledge of privileged information affecting guilt/innocence of client
-
Lawyer Holding Public Office :
Lawyer county board member representing the State in condemnation proceedings with county
-
Advertising and Solicitation :
Lawyer engaging in direct mail and/or in person solicitation via the “Welcome Wagon.”
-
Government Representation; Imputed Disqualification; Prosecutors :
Representation of client in personal injury matter by firm that includes former county prosecutors of same client arising out of same facts
-
Opinion # 84-06
Withdrawn :
Lawyer called as a witness
-
Opinion # 84-07
Withdrawn :
Lawyer called as a witness
-
Opinion # 84-08
Withdrawn :
Lawyer appearing before public body on which lawyer’s partner serves as a member
-
Contingent Fees :
Fee in criminal matter contingent on outcome of related civil matter
-
Law Firm Name and Letterhead :
Use of names of deceased lawyers
-
Opinion # 84-11
Withdrawn :
Lawyer in public office
-
Advertising and Solicitation :
Solicitation of existing clients
-
Opinion # 84-13
Withdrawn :
Duties of departing associate
-
Business Transactions With Clients; Dual Professions :
Lawyer as real estate broker, or members of lawyer’s firm, representing lawyer/broker’s real estate customers
-
Law Firm Partnership and Employment Agreements :
Lawyer employment agreement requiring departing lawyer to share fees earned from former clients
-
Advertising and Solicitation :
Solicitation via “Welcome Wagon” service
-
Of Counsel Designation; Referral Fees and Arrangements :
Network of affiliated law firms
-
Law Firm Name and Letterhead :
Use of suspended lawyers name
-
Judges :
Lawyer campaign contributions to judges
-
Conflict of Interest :
Representation of client when lawyer has financial interest in client’s competitor
-
Prosecutors :
County prosecutor responsible for family court matters representing private clients in same county
1983
-
Former Client :
Representing party against former client
-
Former Judge; Imputed Disqualification :
Lawyer participating in matters in which he served as judge
-
Referral Fees and Arrangements :
Referrals from spouse
-
Financial Assistance to Clients :
Lawyer acting as surety for client bond
-
Lawyer Holding Public Office :
Law firm representing regional planning commission on which firm member sits
-
Lawyer Representing Lawyer :
Lawyer representing lawyer while frequently adverse to represented lawyer’s clients
-
Advertising and Solicitation; Nonlawyer Assistants :
Referrals from organization and use of organizations clerical staff
-
Conflict of Interest :
Law firm representing sole shareholder of corporation and plaintiff against corporation
-
Business Transactions With Clients; Conflict of Interest - Transactional Matters :
Lawyer member of Attorney’s Title Guaranty Fund using ATG services while representing seller of real estate
-
Client Funds and Property; Deceased or Missing Clients :
Holding funds of missing client
-
Scope of Representation :
Preparation of pleadings for pro se litigant
-
Conflict of Interest :
Lawyer representing corporation in bankruptcy and workers compensation claimant against corporation
-
Government Representation; Prosecutors :
Part-time municipal prosecutor representing criminal defendants in same county
1982
-
Advertising and Solicitation :
Billboards
-
Advertising and Solicitation :
Writing newspaper articles on general legal subjects
-
Law Firms :
Office sharing and common stationary
-
Financial Assistance to Clients :
Organization funding filing costs of small claims matters
-
Corporate and In-House Counsel; Fees and Expenses :
Claim for portion of in-house lawyer’s salary in mortgage foreclosure
-
Of Counsel Designation :
Independent lawyers providing nonexclusive work to law firm
-
Referral Fees and Arrangements :
Part-time public defender accepting referral fee for case related to police misconduct
-
Prosecutors :
Part-time prosecutor representing clients in matters before county board
-
Communication With Represented Person :
Communications with represented government entity
-
Fees and Expenses :
Rebate from title insurance company
-
Advertising and Solicitation :
Pens imprinted with firm name
-
Lawyer Holding Public Office; Of Counsel Designation :
Lawyer legislator as Of Counsel
1981
-
Fees and Expenses :
Non-refundable retainer
-
Contingent Fees :
Contingent fee in excess of court fee award
-
Former Client; Lawyer Representing Lawyer :
Lawyer representing client against former lawyer client’s client
-
Law Firm Partnership and Employment Agreements :
Contribution toward physical assets of firm upon election to partnership
-
Advertising and Solicitation :
Offering to conduct seminars on legal subjects
-
Advice to Client :
Advising and assisting client with non-fraudulent breach of contract
-
Imputed Disqualification; Prosecutors :
Partner of part-time county prosecutor in civil matter representing criminal defendant
-
Law Firm Name and Letterhead :
Use of similar law firm names
-
Multijurisdictional Practice; Nonlawyer Assistants :
Non-resident Illinois lawyer with Illinois office staffed by nonlawyer
-
Government Representation :
Municipal attorney representing criminal defendants charged in municipality
-
Advertising and Solicitation :
Identification of fields of concentration
-
Former Client :
Representation adverse to former client in unrelated matter
1980
-
Nonlawyer Assistants; Unauthorized Practice of Law :
Law firm employing nonlawyer collective bargaining professional
-
Former Client :
Law firm representing party seeking amendments to contract that law firm drafted on behalf of former client
-
Conflict of Interest :
Public defenders from same office represented co-defendants
-
Advertising and Solicitation :
Direct in person solicitation
-
Advertising and Solicitation :
Firm announcements
-
Former Client :
Law firm representation of defendant in personal injury matter adverse to position of former client (now plaintiff) in traffic matter arising out of same matter
-
Advertising and Solicitation :
Third-party solicitation
-
Unauthorized Practice of Law :
Use of lay intermediaries
-
Law Firm Name and Letterhead :
Use of deceased firm member’s name
