Read Illinois Rule of Professional Conduct 1.13 Organization as Client
Jump to Ethics Opinions by IRPC Rule
Rule 1.13 Organization as Client
-
Opinion 22-01 |
Former Client
Under Rule 1.9(a), a lawyer who had previously represented a medical group in defending against medical malpractice claims may not subsequently represent a client in asserting a medical malpractice claim against a physician who is a member of the medical group if the matters are the same or substantially related, unless the former client provides informed consent. Even if there is no conflict under Rule 1.9, the lawyer should not use or reveal confidential information relating to the former representation except as otherwise permitted under IRPC 1.9(c).
-
Opinion 20-02 |
Confidentiality | Corporate and In-House Counsel
Rule 1.13 of the Illinois Rules of Professional Conduct governs when and whether an in-house lawyer is required to report possibly fraudulent conduct of the entity’s employees, officers, or other individuals to higher authorities within the organization and to others outside the organization. Even if such reporting is not required, an in-house lawyer may be permitted to disclose such information within the organization, subject to the lawyer’s obligations to maintain client confidences under IRPC 1.6 and 1.9.
-
Opinion 17-05 |
Corporate and In-House Counsel
An in-house corporate lawyer may provide legal services to multiple subsidiaries of the same corporate parent, but nevertheless must be mindful of the application of the Rules of Professional Conduct, particularly those addressing conflict of interest and confidentiality.
-
Opinion 13-02 |
Arbitration and Mediation | Conflict of Interest | Multiple Representation
Representing business parters in same partnership adverse to each other in an arbitration proceeding
A lawyer ordinarily represents a partnership as an entity for conflicts of interest purposes. Where a lawyer has represented a partnership and all individual partners in various matters in a common representation, and one partner subsequently files an arbitration matter against another partner, whether the lawyer may represent the defending partner with informed consent will depend on the circumstances. Similarly, whether the lawyer can continue to represent the partnership or any of the partners in other matters with informed consent will depend on the circumstances.
-
Opinion 09-01 |
Communication With Corporate Employees | Communication With Represented Person | Communication With Unrepresented Person
A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for communication with former constituents about the matter of the representation. If the constituent has his or her own counsel, however, that counsel must consent to the communication.
-
Opinion 96-03 |
Communication With Adverse Person | Deceased or Missing Clients
A lawyer must make timely disclosure of a client's death in a pending personal injury matter. Where the lawyer represents a corporation in a claim against a third party, the deaths of principal officers or shareholders need not be disclosed unless the information is material to the matter.
-
Opinion 95-15 |
Conflict of Interest - Organizational Affiliates
A lawyer's representation of a corporate client does not necessarily prohibit the lawyer from accepting another representation adverse to a subsidiary or other affiliate of the corporate client in an unrelated matter; but such representation may not be undertaken without appropriate disclosure and consent where the particular circumstances require that the affiliate should also be considered the lawyer's client or where the representation of either the corporate client or the prospective client will be materially limited by the representation of the other.
-
Opinion 95-05 |
Conflict of Interest | Government Representation | Imputed Disqualification
It is not necessarily improper for a lawyer whose firm represents a city in defense of a variety of civil matters to undertake representation in unrelated matters of clients charged with violations of the Human Rights Ordinance of the city before its Human Rights Commission if both clients consent after full disclosure.
Any client of any lawyer in a law firm or of the firm itself is a client of every lawyer in the firm for the purpose of conflict of interest analysis.
Representation of a public body client in defense of various civil matters is directly adverse to the interests of that client in representation of another client before the Human Rights Commission, a creature of the city, empowered to enforce the city’s Human Rights Ordinance.
-
Opinion 829 |
Conflict of Interest
A law firm which represents the sole shareholder of a corporation may not represent an individual against whom the corporation has a damage suit pending.
Rule 1.13(a)
-
Opinion 07-01 |
Conflict of Interest | Government Representation
Because state government is not one entity composed of all departments under the jurisdiction of the Governor for purposes of resolving conflict of interest questions, a lawyer may represent one state government agency while representing a private party adverse to another state government agency.
-
Opinion 95-01 |
Board of Directors | Conflict of Interest - Personal Interests | Corporate and In-House Counsel
The fact that a corporation's lawyer is related to its president and principal shareholder does not, standing alone, create a conflict of interest.