Read Illinois Rule of Professional Conduct 1.1 Competence
Rule 1.1 Competence
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Opinion 25-02 |
Advertising and Solicitation | Lawyer Referral Services | Sharing Fees With Nonlawyers
An Illinois attorney would violate the Illinois Rules of Professional Conduct by accepting clients from a for-profit, third-party client referral service that (1) charges clients a fixed fee for petty criminal and traffic offense cases, (2) pays a lawyer in the service’s network a portion of the fixed fee, and (3) offers a money-back guarantee to the client if the client does not “win” the case. Even if the referral service did not contain these problematic features, an Illinois attorney still would violate the Rules of Professional Conduct if the referral service is one that (a) fails to disclose the use of non-attorney actors in advertising directed to potential clients, or (b) requires the lawyers to communicate with clients on an online platform monitored by the referral service, with no guarantee of confidentiality and no apparent disclosure to and informed consent of the client. Further, using referral services such as those described in this opinion also would raise other problems, including the potential that the lawyer would be unable to comply with their obligations under the Rules of Professional Conduct with respect to the charging of fees, including the obligation to ensure the fee charged is a reasonable one.
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Opinion 24-01 |
Court Obligations | Scope of Representation
An Illinois lawyer acting as local counsel for an out-of-state lawyer shares the same duties to the client as the lawyer acting as lead counsel. While local counsel and the client may agree to limit the role of local counsel upon informed consent, that lawyer remains subject to the Illinois Rules of Professional Conduct. A lawyer may only enter a general appearance in an Illinois state court criminal matter and is subject to the rules and orders of the court, including any orders requiring local counsel’s appearance at any or all court proceedings.
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Opinion 23-03 |
Business Transactions With Clients | Conflict of Interest | Referral Fees and Arrangements
A lawyer who receives compensation in exchange for the referral of clients to an investment advisor has a conflict of interest and is involved in a business transaction with a client. Whether a lawyer can engage in such a transaction must be analyzed on a case-by-case basis.
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Opinion 21-03 |
Conflict of Interest
A law firm seeking to represent the employees of an adverse corporate entity in matters unrelated to the current dispute may do so, but only if the firm determines it can comply with Rule 1.7 and the appropriate parties provide informed consent.
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Opinion 19-04 |
Communication With Client | Law Firms | Nonlawyer Assistants | Outsourcing Legal and Legal Support Services | Temporary Lawyers
An Illinois lawyer may “outsource” legal and legal support services relating to a matter provided the lawyer reasonably believes that the other lawyers’ and nonlawyers’ services will contribute to the competent and ethical representation of the client and reasonable measures are taken to protect client information and to avoid conflicts of interest. Disclosure to, and informed consent by, the client will ordinarily be required. Informed client consent is always required if the lawyer delegates or transfers complete or substantial responsibility for a matter to an unaffiliated lawyer.
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Opinion 18-01 |
Communication With Represented Person | Confidentiality | E-mail
A lawyer may not use tracking software in emails or other electronic communications with other lawyers or clients in the course of representing a client without first obtaining the informed consent of each recipient to the use of such software. It is not reasonable to require that lawyers acquire special devices or programs to detect or defeat tracking software.
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Opinion 16-06 |
Client Files | Confidentiality | Law Firms
A lawyer may use cloud-based services in the delivery of legal services provided that the lawyer takes reasonable measures to ensure that the client information remains confidential and is protected from breaches. The lawyer’s obligation to protect the client information does not end once the lawyer has selected a reputable provider.
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Opinion 12-16 |
Confidentiality | Conflict of Interest
Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients.
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Opinion 12-15 |
Confidentiality
Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in the matter, both the consulting lawyer and the consulted lawyer must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients. In addition, an online discussion group is not a substitute for the consulting lawyer’s legal research.