Jump to Ethics Opinions by IRPC Rule
Rule 1.2 Scope of Representation and Allocation of Authority between Client and Lawyer
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Opinion 25-01 |
Multijurisdictional Practice | Unauthorized Practice of Law
Pursuant to Rule 5.5(d), a lawyer not licensed in Illinois may counsel an Illinois business on matters the lawyer is authorized by federal or other law or rule to provide in this jurisdiction. However, to the extent the non-Illinois lawyer seeks to advise an Illinois business on Illinois law, one of the exceptions to Rule 5.5(c) must apply.
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Opinion 20-05 |
Client Fraud | Confidentiality | Withdrawal from Representation
A lawyer who knows about a client’s fraud may disclose otherwise confidential client information to third parties if done in such a manner as to prevent, lessen or rectify the client fraud. However, even if the information is not disclosed, the lawyer will still likely need to withdraw as client’s attorney and take other actions.
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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 18-02 |
Conflict of Interest | Imputed Disqualification | Screening
As a means to avoid imputation of a conflict within a lawfirm, screening is only available when a lawyer becomes associated with a firm. Screening is not available to insulate existing members of a firm from each other’s potential conflicts.
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Opinion 14-07 |
Advice to Client | Government Representation | Scope of Representation
An Illinois lawyer may provide services to a client on legal matters generated by the Compassionate Use of Medical Cannabis Pilot Program Act.
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Opinion 13-05 |
Client Fraud | Court Obligations | Withdrawal from Representation
When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence.
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Opinion 04-03 |
Arbitration and Mediation | Communication With Unrepresented Person | Scope of Representation
A lawyer who mediated a divorce settlement between unrepresented husband and wife may not prepare a proposed judgment of dissolution of marriage, a marriage separation agreement and joint parenting agreement for husband and wife and allow husband and wife to file said documents as pro se litigants.
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Opinion 98-08 |
Insurance Representation
A lawyer designated by an insurance company to defend an insured party represents and has the same professional obligations that would exist had the lawyer been personally retained by the insured. Disagreement between the lawyer and the insured as to defense strategy may require the lawyer to withdraw.
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Opinion 93-19 |
Negotiations
A settlement proposal to sign a release and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained against the defendant is not per se professionally improper.
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Opinion 91-08 |
Conflict of Interest | Fees Paid by Third Party
Attorney retained by mother and minor daughter to pursue paternity action. Case is tried, lost, appealed, briefed and argued on appeal. While awaiting decision by Appellate Court, attorney may not honor mother's instruction to dismiss appeal.
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Opinion 91-01 |
Conflict of Interest | Prosecutors
It is not professionally improper for a part-time public defender and criminal defense lawyer in County A to accept individual cases from the State's Attorneys Appellate Prosecutor's Office to write briefs on behalf of the state involving criminal or civil matters, but only with full disclosure and consent of affected clients.
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Opinion 89-17 |
Insurance Representation
Where an insurance company provides counsel to its insureds, the retained attorney's primary obligation is to the insured/client. The attorney for insured/client may not allow the exercise of his independent professional judgment to be influenced by one other than his client.
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Opinion 728 |
Advice to Client
It is proper for an attorney to advise a client on the consequences of a breach of contract and to prepare documents that accomplish such a breach after the client has made an informed decision to breach, provided the attorney is not a party to a plan or scheme to enter into a contract with the intent to breach the same as to a material condition.
Rule 1.2(a)
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Opinion 20-07 |
Guardians and Guardianship | Impaired Client
When a lawyer has been representing a client for several years in opposition to the court appointment of a guardian for the client’s estate, and the lawyer currently believes that the client is mentally incapacitated, the Rules do not mandate the lawyer’s continued prosecution of the client’s appeal attempting to reverse the trial court’s judgment appointing an estate guardian, in the manner of prosecution last discussed between the lawyer and the client when the lawyer believed the client had adequate capacity to make considered decisions.
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Opinion 19-02 |
Financial Assistance to Clients
A lawyer who won a verdict for a client in litigation that is being appealed may allow the client to obtain financing and assist the client in obtaining financing from a third party during the pendency of such litigation. Although the Rules do not prohibit the lawyer’s assistance or cooperation, the lawyer’s assistance and cooperation are governed by several ethical limitations including the lawyer’s duty to render independent professional judgment and candid advice to the client free of third party interference, to maintain confidentiality of the client’s information and to obtain the client’s informed consent for the lawyer’s disclosure of any information to the finance company.
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Opinion 06-01 |
Client Funds and Property | Financial Assistance to Clients
A lawyer may not provide a personal guarantee that s/he will pay the liens and subrogation claims chargeable against a client’s settlement proceeds.
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Opinion 99-08 |
Conflict of Interest - Transactional Matters | Discharge of Lawyer | Scope of Representation
A lawyer may prepare a trust document for a client that at the client's request directs the trustee to engage that lawyer to provide legal services for the trust. The lawyer may do so, however, only if the client consents after the lawyer fully communicates and discloses the economic interest of the lawyer in including such provision and indicates that such provision might not be enforceable.
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Opinion 97-04 |
Business Transactions With Clients | Referral Fees and Arrangements
A lawyer may not properly take a referral fee from an investment advisor for referring a client to the advisor unless the lawyer rebuts the presumption of undue influence that arises when a lawyer enters into a business transaction with the client; the presumption may be rebutted by showing the transaction was fair, the client had the opportunity for independent advice of counsel and consented to the transaction after full disclosure.
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Opinion 96-08 |
Advertising and Solicitation | Scope of Representation
- It is not misleading for a law firm to hold itself out as concentrating its practice in intellectual property law despite the fact that it does not do patent work. However, it may not hold itself out as "specializing" in any field of practice.
- A law firm may not have outside lawyers perform legal services without client disclosure and consent.
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Opinion 93-03 |
Client Funds and Property | Reporting Lawyer Misconduct
Attorney report is not mandatory under Rule 8.3 unless the attorney has knowledge, which is not otherwise protected, of a violation of Rule 8.4(a)(3) or (4).
Attorney is required by Rule 1.15(c) to hold in a separate account, the funds disputed by the client and the client's former attorney.
An interpleader action is not inconsistent with Rule 1.15.
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Opinion 92-07 |
Temporary Lawyers
- A law firm may hire or retain individual attorneys to cover court call motions and depositions.
- An attorney hired by a law firm on an hourly basis to handle motions and depositions, should procure the client's informed consent (Rules 1.1(c) and 1.4) not necessarily in writing (1.5(f)).
- An attorney hired on an hourly basis is considered an associate attorney to a law firm.
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Opinion 90-02 |
Business Transactions With Clients
Under stated facts, it is professionally improper for lawyer to insist that client name lawyer's bank client as fiduciary.
Rule 1.2(c)
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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 19-02 |
Financial Assistance to Clients
A lawyer who won a verdict for a client in litigation that is being appealed may allow the client to obtain financing and assist the client in obtaining financing from a third party during the pendency of such litigation. Although the Rules do not prohibit the lawyer’s assistance or cooperation, the lawyer’s assistance and cooperation are governed by several ethical limitations including the lawyer’s duty to render independent professional judgment and candid advice to the client free of third party interference, to maintain confidentiality of the client’s information and to obtain the client’s informed consent for the lawyer’s disclosure of any information to the finance company.
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Opinion 97-04 |
Business Transactions With Clients | Referral Fees and Arrangements
A lawyer may not properly take a referral fee from an investment advisor for referring a client to the advisor unless the lawyer rebuts the presumption of undue influence that arises when a lawyer enters into a business transaction with the client; the presumption may be rebutted by showing the transaction was fair, the client had the opportunity for independent advice of counsel and consented to the transaction after full disclosure.
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Opinion 85-06 |
Court Obligations | Scope of Representation
It is improper for a lawyer to advise client, prepare pleadings, motions and petitions for client as a pro se litigant, file documents in court on client's behalf, but not appear for and on behalf of client during judicial proceedings.
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Opinion 849 |
Scope of Representation
It is not improper for an attorney, pursuant to prior agreement with the client, to limit the scope of his representation in a proceeding for dissolution of marriage to the preparation of pleadings, without appearing or taking any part in the proceeding itself, provided the client is fully informed of the consequences of such agreement, and the attorney takes whatever steps may be necessary to avoid foreseeable prejudice to the client's rights.
Rule 1.2(d)
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Opinion 14-07 |
Advice to Client | Government Representation | Scope of Representation
An Illinois lawyer may provide services to a client on legal matters generated by the Compassionate Use of Medical Cannabis Pilot Program Act.
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Opinion 12-18 |
Conflict of Interest | Prospective Clients
An attorney may not encourage a client to engage in the practice known as “taint shopping,” whereby a prospective client meets with an attorney for the sole purpose of disqualifying the attorney from representing an opponent. An attorney who participates in an initial consultation with a prospective client, but who is not retained by the prospective client, is not prohibited from later representing a client with materially adverse interests in the same or in a substantially related matter if: (a) before the consultation, the attorney obtained the prospective client’s informed consent of any conflict that might arise from the information disclosed by the prospective client; (b) even in the absence of an informed consent, the attorney did not receive information that could be significantly harmful if used in the matter; or (c) the attorney can establish that the prospective client revealed information to the attorney with no intention of retaining the attorney.
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Opinion 89-16 |
Plea Agreements
Due to the unique interrelationships between the criminal and civil matters, it is not professionally improper for State's Attorney to condition a DUI plea agreement upon defendant's dismissal of related civil proceeding to rescind the statutory summary suspension.
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Opinion 86-10 |
Court Obligations | Frivolous Arguments
A lawyer representing a creditor should not routinely and purposefully file consumer collections actions against debtors in a county where the lawyer knows venue does not properly lie and that no argument exists to support venue.
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Opinion 85-06 |
Court Obligations | Scope of Representation
It is improper for a lawyer to advise client, prepare pleadings, motions and petitions for client as a pro se litigant, file documents in court on client's behalf, but not appear for and on behalf of client during judicial proceedings.
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Opinion 849 |
Scope of Representation
It is not improper for an attorney, pursuant to prior agreement with the client, to limit the scope of his representation in a proceeding for dissolution of marriage to the preparation of pleadings, without appearing or taking any part in the proceeding itself, provided the client is fully informed of the consequences of such agreement, and the attorney takes whatever steps may be necessary to avoid foreseeable prejudice to the client's rights.
Rule 1.2(e)
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Opinion 98-02 |
Division of Fees | Temporary Lawyers
- Payment to an independent or temporary lawyer on an hourly basis does not require disclosure to a client if there is close supervision. If work is delegated without close supervision then disclosure to a client is necessary.
- Rules of Professional Conduct allow division of fees between lawyers provided that disclosure is made to the client and client consents to the division of fees.
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Opinion 96-11 |
Communication With Client | Impaired Lawyer
Lawyer, who represents clients transferred to him by another lawyer, owes no legal duty to the transferring lawyer or to the clients involved to inform the clients of the resumption of practice by the transferring lawyer who previously suspended his practice while temporarily physically incapacitated. Lawyer has an obligation to keep his clients reasonably informed about the status of their cases and must promptly comply with reasonable requests by the clients for such information, but this obligation does not create a legal or ethical duty on the part of lawyer to relay information regarding the referring attorney’s practice.
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Opinion 96-08 |
Advertising and Solicitation | Scope of Representation
- It is not misleading for a law firm to hold itself out as concentrating its practice in intellectual property law despite the fact that it does not do patent work. However, it may not hold itself out as "specializing" in any field of practice.
- A law firm may not have outside lawyers perform legal services without client disclosure and consent.
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Opinion 95-14 |
Client Fraud | Court Obligations
Under facts presented by inquiry, lawyer may disclose to court client's fraud upon the court if lawyer's efforts to persuade client to rectify fraud fail.
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Opinion 95-12 |
Communication With Represented Person | Threatening Disciplinary Action
The prohibition on threatening opposing counsel with disciplinary proceedings extends to ordinance violation as well as purely civil matters; lawyer prohibited from directly communicating with represented city officials concerning pending ordinance violation prosecution against lawyer's client but prohibition does not necessarily extend to communication concerning related controversy.
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Opinion 93-05 |
Threatening Criminal Prosecution
An attorney may report the issuance of an NSF check to the State's Attorney's Office in circumstances where such reporting is not to obtain an advantage in a civil matter.
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Opinion 92-19 |
Prosecutors
It is improper for a part-time Assistant State's Attorney assigned to prosecute criminal matters to simultaneously or subsequently represent individual(s) in civil litigation arising out of a criminal matter he or she prosecuted.
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Opinion 92-07 |
Temporary Lawyers
- A law firm may hire or retain individual attorneys to cover court call motions and depositions.
- An attorney hired by a law firm on an hourly basis to handle motions and depositions, should procure the client's informed consent (Rules 1.1(c) and 1.4) not necessarily in writing (1.5(f)).
- An attorney hired on an hourly basis is considered an associate attorney to a law firm.
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Opinion 91-29 |
Reporting Lawyer Misconduct | Threatening Criminal Prosecution
- Mention of inclination to pursue criminal charges against husband by wife's attorney during negotiations for settlement of divorce is improper conduct.
- Recipient of threat not involving misconduct described in Rule 8.4(a)(3) and (4) from opposing counsel creates no obligation of reporting to ARDC
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Opinion 90-36 |
Reporting Lawyer Misconduct
A lawyer is not required to report knowledge of misconduct of another lawyer unless such misconduct is either a criminal act that reflects adversely on the other lawyer's honesty, trustworthiness or fitness as a lawyer or conduct involving dishonesty, fraud, deceit or misrepresentation.
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Opinion 89-16 |
Plea Agreements
Due to the unique interrelationships between the criminal and civil matters, it is not professionally improper for State's Attorney to condition a DUI plea agreement upon defendant's dismissal of related civil proceeding to rescind the statutory summary suspension.
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Opinion 840 |
Of Counsel Designation | Referral Fees and Arrangements
The Code of Professional Responsibility does not sanction the creation of a network of independent attorneys to whom a law firm is contractually committed to obtain and subcontract legal work.
The relationship between a law firm and attorneys with whom it contracts to perform services for its clients does not support "Of Counsel" or "Affiliate" designation.