Read Illinois Rule of Professional Conduct 4.3 Dealing With Unrepresented Person
Rule 4.3 Dealing With Unrepresented Person
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Opinion 14-02 |
Communication With Unrepresented Person | Plea Agreements | Prosecutors
In any criminal proceeding, a prosecutor may convey a plea offer to a pro se defendant prior to a court proceeding, regardless who initiates the contact. The communication must simply convey the plea offer and not make any recommendations as to the value of the offer. The communication must also identify that the prosecutor is not disinterested, clarify any misconception the person may have about the prosecutor's role and advise the person about the right to secure counsel.
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Opinion 99-07 |
Communication With Unrepresented Person
A lawyer for a lender has an obligation to correct a home loan applicant's misunderstanding that the lawyer also represents the applicant in the home financing transaction if the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter.
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Opinion 98-06 |
Communication With Unrepresented Person | Conflict of Interest - Litigation Matters
Lawyer may represent husband against wife in divorce where wife is not represented; but lawyer may not, at same time, represent husband and wife jointly in filing for bankruptcy.
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Opinion 93-14 |
Communication With Unrepresented Person
An attorney may communicate with an unrepresented party, provided that the attorney does not give advice or permit the assumption that the attorney is a "disinterested" party.
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Opinion 88-03 |
Communication With Unrepresented Person
It is improper for a lawyer for petitioning spouse to give legal advice to the respondent spouse who may be unrepresented in a dissolution of marriage as to legal implications of unrepresented respondent's participation, especially where such advice is misleading and tends to create the impression that the petitioner's lawyer is disinterested and will protect the interests of the unrepresented respondent.
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Opinion 86-11 |
Communication With Unrepresented Person
Wife's attorney may properly prepare an appearance for unrepresented husband and submit it for signature and later file it with the court as long as wife's attorney gives no legal advice to unrepresented husband as to effect of the signing or filing of appearance.
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Opinion 85-05 |
Communication With Adverse Person | Communication With Represented Person
A lawyer representing a purchaser under a real estate contract that requires notice to "the seller" may send the required notice directly to the seller although the seller may be represented by counsel.