Read Illinois Rule of Professional Conduct 1.8 Conflict of Interest: Current Clients: Specific Rules
Jump to Ethics Opinions by IRPC Rule
Rule 1.8 Conflict of Interest: Current Clients: Specific Rules
-
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.
-
Opinion 13-04 |
Business Transactions With Clients | Conflict of Interest | Government Lawyers
A lawyer serving as an officer of a financial institution who also owns a significant stock interest in it must comply with the requirements of RPC 1.8 when representing a municipality that engages in business transactions with the financial institution. In addition, the lawyer’s representation of the municipality is governed by RPC 1.7(a)(2) and may involve nonconsentable conflicts of interest when the municipality deals with the financial institution. Furthermore, abstaining from discussion on matters involving the financial institution while representing the municipality is insufficient to avoid the conflict of interest.
-
Opinion 98-03 |
Business Transactions With Clients | Conflict of Interest | Dual Professions
Patent law firm may not provide or receive a royalty-type fee for services matching client-inventors with client-product promoters, unless the firm can rebut the presumption of undue influence and the firm obtains informed written consent of all affected clients to the fee arrangement, to the potential disclosure of confidential information, and to the inherent conflicts of interest. The specific facts of particular situations may make consent to certain conflicts of interest unreasonable. Any fees for such services must be fair and reasonable to the clients.
-
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.
-
Opinion 91-13 |
Advertising and Solicitation | Contingent Fees
It is not professionally improper for attorney to represent corporate client under stated "contingent" fee arrangement, provided said arrangement violates no other laws; advertising such "contingent" fee arrangements, within limits imposed by Rules, is also not professionally improper.
-
Opinion 90-32 |
Business Transactions With Clients | Dual Professions
Lawyer who is also an insurance and investment professional: may advertise insurance and investment business, but if advertising discloses status as a lawyer it must comply with rules governing lawyer advertising and solicitation; may accept legal employment from insurance and investment customers; and may sell insurance and investment products to legal clients with disclosure and consent; but may not agree with legal clients who are also insurance and investment customers that insurance or investment advice cannot be considered legal advice.
-
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.
-
Opinion 90-16 |
Dual Professions
Lawyer may operate business of providing economic analyses in conjunction with law practice from existing law office.
-
Opinion 85-11 |
Former Client
A lawyer may accept employment in an unrelated matter against the spouse of a former client, provided that the representation will not require the use of confidential information gained in the former representation, and there is no interference with the lawyer's independent professional judgment.
-
Opinion 85-03 |
Dual Professions
Practice of law and accounting in same office now permissible due to repeal of Code section that required physical separation of dual practices.
-
Opinion 84-14 |
Business Transactions With Clients | Dual Professions
A lawyer who is a real estate broker may not, nor may an associate lawyer, act as lawyer for a customer or for the other party to the transaction without consent after full disclosure. Such representation may also violate the Illinois Real Estate License Act of 1983.
-
Opinion 852 |
Government Representation | Prosecutors
A part-time municipal attorney who prosecutes state traffic charges for violations alleged to have occurred within the municipality may represent defendants charged with violations of the State Traffic and Criminal Codes where the violations did not occur within the municipality which the attorney represents.
-
Opinion 841 |
Business Transactions With Clients | Conflict of Interest - Transactional Matters
A lawyer-member of Attorney's Title Guaranty Fund, Inc., when representing a seller obligated to provide title insurance as part of real estate transaction, need not obtain the purchaser's consent to place the insurance with Attorney's Title.
Rule 1.8(a)
-
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.
-
Opinion 99-06 |
Business Transactions With Clients | Conflict of Interest - Transactional Matters
A lawyer who receives fees as a trust administrator from a trust company to whom he refers clients has a conflict of interest and is involved in a business transaction with a client; the lawyer must disclose his relationship with the trust company to the client, the method and source of his compensation, and obtain the client's consent after disclosure.
-
Opinion 97-08 |
Contingent Fees | Fee Agreements | Fees and Expenses
A lawyer cannot take an additional amount in legal fees for reducing a lien payment which is above and beyond the percentage of the lawyer’s fees agreed to by the client in the contingency fee agreement with the lawyer.
-
Opinion 97-07 |
Business Transactions With Clients | Dual Professions
Lawyers may form a company to provide legal publication notice services as long as legal services are conducted in accordance with the Illinois Rules of Professional Conduct.
-
Opinion 93-01 |
Business Transactions With Clients | Dual Professions
Attorney may provide legal services and conduct title insurance business as agent so long as legal services are conducted in compliance with the Illinois Rules of Professional Conduct.
-
Opinion 92-04 |
Board of Directors
It is not improper for an attorney to act as general counsel to a corporation and serve as a board member of that corporation so long as there is full disclosure to the board any possible conflicts that might arise through his law practice or his friend's and the attorney refrains from entering into any non-legal business transactions with his corporate client.
-
Opinion 90-32 |
Business Transactions With Clients | Dual Professions
Lawyer who is also an insurance and investment professional: may advertise insurance and investment business, but if advertising discloses status as a lawyer it must comply with rules governing lawyer advertising and solicitation; may accept legal employment from insurance and investment customers; and may sell insurance and investment products to legal clients with disclosure and consent; but may not agree with legal clients who are also insurance and investment customers that insurance or investment advice cannot be considered legal advice.
-
Opinion 89-14 |
Business Transactions With Clients
- A lawyer who is also an insurance agent may perform legal services and provide insurance services for same client.
- A lawyer who is also an insurance agent may refer a client to another insurance agent and receive an insurance commission upon disclosure and consent.
Rule 1.8(c)
-
Opinion 18-04 |
Conflict of Interest - Personal Interests | Imputed Disqualification
The Illinois Rules of Professional Conduct do not prohibit a lawyer from accepting a testamentary gift from a client the lawyer is not related to so long as the lawyer does not solicit the gift or prepare the testamentary document making the gift. The Illinois Rules of Professional Conduct do not prohibit the lawyer from referring the client to another unaffiliated lawyer to advise the client and prepare the testamentary documents.
-
Opinion 91-23 |
Reporting Lawyer Misconduct
An attorney is not required to report misconduct of another attorney learned through a privileged attorney/client communication.
An attorney is obligated to report only certain forms of misconduct by another attorney, and only if he has "knowledge" of such misconduct as defined in the Rules of Professional Conduct.
Rule 1.8(d)
-
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.
-
Opinion 95-06 |
Financial Assistance to Clients
An attorney may not advance money to a hospital on behalf of a client for medical expenses of the client.
-
Opinion 94-17 |
Fees and Expenses
An attorney's failure to advance payment for or collect payment from a client to satisfy a court reporter's fee is not a violation of the Rules of Professional Conduct.
-
Opinion 94-06 |
Fees and Expenses
It is professionally proper for a lawyer to charge a client interest on advanced expenses.
-
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.
-
Opinion 92-09 |
Fees and Expenses | Financial Assistance to Clients
Attorney may ethically assist clients in obtaining loans for payment of attorney fees, providing the attorney protects the client's confidences and meets his fiduciary obligation of complete disclosure.
Rule 1.8(e)
-
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.
-
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.
-
Opinion 95-06 |
Financial Assistance to Clients
An attorney may not advance money to a hospital on behalf of a client for medical expenses of the client.
-
Opinion 94-17 |
Fees and Expenses
An attorney's failure to advance payment for or collect payment from a client to satisfy a court reporter's fee is not a violation of the Rules of Professional Conduct.
-
Opinion 94-06 |
Fees and Expenses
It is professionally proper for a lawyer to charge a client interest on advanced expenses.
-
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.
-
Opinion 92-09 |
Fees and Expenses | Financial Assistance to Clients
Attorney may ethically assist clients in obtaining loans for payment of attorney fees, providing the attorney protects the client's confidences and meets his fiduciary obligation of complete disclosure.
-
Opinion 767 |
Financial Assistance to Clients
It would be professionally improper for a lawyer to participate in a program which involves the unauthorized practice of law and possible violation of the maintenance statute.
Rule 1.8(f)
-
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.
-
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.
Rule 1.8(h)
-
Opinion 90-32 |
Business Transactions With Clients | Dual Professions
Lawyer who is also an insurance and investment professional: may advertise insurance and investment business, but if advertising discloses status as a lawyer it must comply with rules governing lawyer advertising and solicitation; may accept legal employment from insurance and investment customers; and may sell insurance and investment products to legal clients with disclosure and consent; but may not agree with legal clients who are also insurance and investment customers that insurance or investment advice cannot be considered legal advice.
Rule 1.8(i)
-
Opinion 12-11 |
Discharge of Lawyer | Division of Fees | Fees and Expenses
A discharged attorney may not share in a division of fees with his former client’s successor attorney where the client does not agree in writing to the arrangement.
Rule 1.8(k)
-
Opinion 18-04 |
Conflict of Interest - Personal Interests | Imputed Disqualification
The Illinois Rules of Professional Conduct do not prohibit a lawyer from accepting a testamentary gift from a client the lawyer is not related to so long as the lawyer does not solicit the gift or prepare the testamentary document making the gift. The Illinois Rules of Professional Conduct do not prohibit the lawyer from referring the client to another unaffiliated lawyer to advise the client and prepare the testamentary documents.