ISBA Ethics Opinions by IRPC Rule 1.9

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.

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.

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.

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.

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.

Lawyer may represent a beneficiary of a trust in an action against the trustee even though lawyer had previously represented trust, beneficiary and trustee in condemnation suit involving trust property.

1. A lawyer who has formerly represented a client in a divorce action, child support and visitation proceedings and multiple real estate transactions, one of which was jointly for the former client and current client has a conflict of interest preventing representation of the current client in a divorce action against the former client.
2. A party seeking the disqualification of former counsel bears the burden of proving that present and prior representations are substantially related.
3. Where prior representation is substantially related to the current action, there is an irrebuttable presumption that confidential information was disclosed, thereby precluding representation of the current client absent consent of the former client.

Representing a client in the same or a related matter as that involving a former client is not improper unless the clients' interests are materially adverse.

1. Use of any information relating to representation cannot be used by attorney to disadvantage of former client.
2. Absent consent, confidences and secrets of client gained in the course of professional relationships cannot be disclosed.
3. Use of client confidences and secrets as well as any information relating to the representation of a client, may be used or revealed by attorney to the extent necessary to defend accusation of wrongful conduct.
4. Discharged attorney entitled to quantum meruit compensation.

Attorney representation of Executor when former client is judgment creditor of Legatee is restricted by Rules

Lawyer may operate business of providing economic analyses in conjunction with law practice from existing law office.

Duties owed by an attorney to his client are not transferred for the benefit of another to whom the client transfers its interest in the subject matter of the representation.

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.

It is professionally proper for a law firm to represent a claimant in a personal injury case where the defendant has criminal charges pending arising from the same factual situation and a member of the law firm representing the Plaintiff was a member of the State's Attorney's Office at the time the criminal charges were pending, but was not involved with prosecution or disposition.

A firm may not sue one of several multiple clients in a dispute over a matter arising out of the former representation where the firm represented all parties unless there is a waiver from all parties.

There is no conflict involved in Lawyer A representing a client in a matter against the client of Lawyer B where Lawyer A has previously represented Lawyer B.