Read Illinois Rule of Professional Conduct 1.3 Diligence
Rule 1.3 Diligence
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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 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 15-03 |
Client Funds and Property
A lawyer who leaves a practice may leave the other members of his firm with unclaimed wills after he leaves. If, after a diligent search, the other lawyers cannot locate the individuals to whom those wills belong, the lawyers should file those wills with the Secretary of State Deposit of Wills.
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Opinion 98-04 |
Communication With Client | Confidentiality | Inadvertent Receipt and Disclosure of Confidential Materials
A lawyer who, without notice of the inadvertent transmission, receives and reviews an opposing party’s confidential materials through the error or inadvertence of opposing counsel, may use information in such materials. A lawyer who knows of an inadvertent transmission before confidential materials of an opposing party have been opened and reviewed should return such materials without examination. A lawyer has a duty to advise a client that confidential information was inadvertently transmitted to and read by opposing counsel.
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Opinion 91-21 |
Communication With Adverse Person | Communication With Represented Person
An attorney may discuss with school board attorney an offer made to attorney retained by insurer of school board to settle personal injury suit.
An attorney is in violation of the Rules by not conveying to his client a demand made by the adverse party.
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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 90-26 |
Conflict of Interest | Fees and Expenses | Withdrawal from Representation
A lawyer has an obligation to determine the existence of possible conflicts of interest at the outset of the representation. Upon learning of a conflict of interest, a lawyer should immediately inform his or her client and if consent is not secured for continued representation, should immediately withdraw.
If a lawyer must withdraw from representation due to conflict of interest, he or she shall not be entitled to share in fees arising out of that matter. If, however, the representation is not based upon contingent fee, the lawyer shall not be entitled to any fee following the date upon which a conflict was determined or reasonably should have been determined to exist.