Read Illinois Rule of Professional Conduct 3.1 Meritorious Claims and Contentions
Rule 3.1 Meritorious Claims and Contentions
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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 01-06 |
Communication With Adverse Person | Frivolous Arguments
While a lawyer may zealously represent the interests of a client, a lawyer must be truthful in dealings with adversaries and third parties and cannot take actions designed merely to harass or burden such other parties.
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Opinion 98-05 |
Reporting Lawyer Misconduct
A report to the ARDC is not mandatory under Rule 8.3 unless a lawyer has actual knowledge of a violation of Rules 8.4(a)(3) or (a)(4). A lawyer may report an abuse of the discovery process to the ARDC and may also file a Motion for Sanctions with the trial court.
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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 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.