Read Illinois Rule of Professional Conduct 3.3 Candor Toward the Tribunal
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Rule 3.3 Candor Toward the Tribunal
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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 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 12-07 |
Court Obligations
Attorney does not have an obligation under R.P.C. Rule 3.3 to tell the court that the unrepresented adversary has a defense based on a written agreement that the attorney’s client signed with the adversary and which the attorney now believes in good faith is unenforceable.
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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 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 87-15 |
Client Fraud | Confidentiality
Lawyer for Wife in Marriage Dissolution Matter Has No Duty to Disclose Understatement of Income on Joint Tax Returns by Client's Husband.
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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.
Rule 3.3(a)
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Opinion 16-02 |
Court Obligations | Frivolous Arguments | Reporting Lawyer Misconduct
A lawyer may not withhold controlling legal authority from a tribunal as a trial strategy to insure reversible error on appeal. Lawyers reading about the contemplated strategy on an online discussion group have no duty to report the posting lawyer.
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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 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 91-24 |
Confidentiality | Court Obligations | Guardians and Guardianship
Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.
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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 89-13 |
Confidentiality | Court Obligations | Deceased or Missing Clients
A defense attorney whose client has disappeared may reveal such confidences or secrets upon requesting a continuance at a status call if required by court order or law to do so, but such attorney may not give a false reason for requesting a continuance.
Rule 3.3(b)
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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.