Read Illinois Rule of Professional Conduct 5.3 Responsibilities Regarding Nonlawyer Assistance
Rule 5.3 Responsibilities Regarding Nonlawyer Assistance
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Opinion 20-08 |
Law Firms | Multijurisdictional Practice | Nonlawyer Assistants | Unauthorized Practice of Law
An out-of-state lawyer who is applying for admission in Illinois may work as a lawyer, from an office in Illinois, on cases in state and federal courts to which she is already admitted to practice, as long as those state and federal jurisdictions permit such practice. The lawyer also may work on Illinois legal matters under appropriate supervision, with disclosure that she is not admitted to practice in Illinois.
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Opinion 20-01 |
Law Firms | Nonlawyer Assistants
An employing lawyer or law firm may allow a law school graduate awaiting the bar exam or admission to the bar to perform many of the services normally performed by licensed first year associates, other than appearing in a legal proceeding, provided that the graduate’s work is reviewed by a supervising lawyer who takes responsibility for the work product and that the graduate and employing lawyer or law firm do not make false or misleading statements to clients or others regarding the graduate’s status at the firm.
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Opinion 19-04 |
Communication With Client | Law Firms | Nonlawyer Assistants | Outsourcing Legal and Legal Support Services | Temporary Lawyers
An Illinois lawyer may “outsource” legal and legal support services relating to a matter provided the lawyer reasonably believes that the other lawyers’ and nonlawyers’ services will contribute to the competent and ethical representation of the client and reasonable measures are taken to protect client information and to avoid conflicts of interest. Disclosure to, and informed consent by, the client will ordinarily be required. Informed client consent is always required if the lawyer delegates or transfers complete or substantial responsibility for a matter to an unaffiliated lawyer.
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Opinion 16-06 |
Client Files | Confidentiality | Law Firms
A lawyer may use cloud-based services in the delivery of legal services provided that the lawyer takes reasonable measures to ensure that the client information remains confidential and is protected from breaches. The lawyer’s obligation to protect the client information does not end once the lawyer has selected a reputable provider.
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Opinion 16-05 |
Conflict of Interest | Government Representation | Nonlawyer Assistants
A law firm may continue to represent a city in municipal matters even though a paralegal employed by the firm is a member of the city council and the council has authority over the work and whether the firm’s bills get paid.
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Opinion 13-08 |
Multijurisdictional Practice | Nonlawyer Assistants | Unauthorized Practice of Law
An out-of-state lawyer may practice immigration law in Illinois with the use of a properly supervised nonlawyer in Illinois who collects information to be used by the lawyer in filling out immigration forms.
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Opinion 10-01 |
Confidentiality
A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information if the law firm makes reasonable efforts to ensure the protection of confidential client information
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Opinion 06-02 |
Advertising and Solicitation | Division of Fees | Unauthorized Practice of Law
A lawyer is responsible for marketing firm’s conduct that would be in violation of the Rules of Professional Conduct if engaged in by a lawyer, if the lawyer orders or ratifies such conduct.
Marketing firm, retained by a law firm, may distribute advertisements promoting the firm to potential clients through the mail, by posting on electronic bulletin boards and by delivering promotions door-to-door, but it may not have personal contact with the recipients in its distribution of the advertisements.
Law firm aids in the unauthorized practice of law if it permits marketing firm to screen the responses to the advertising and to forward only “promising” responses to the law firm.
Law firm may not compensate marketing firm on any basis related to the fees received by the firm from clients obtained through the marketing firm.
Lawyer may make appearances before civic and similar organizations in an effort to obtain clients.
Law firm may not assign nonlawyer employee to determine whether potential client has a claim.
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Opinion 03-07 |
Confidentiality | Nonlawyer Assistants
The responsibilities of lawyers regarding nonlawyer assistants extends to interpreters who are employed or retained by, or associated with a lawyer for the purpose of communicating with hearing impaired clients.
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Opinion 98-04 |
Communication With Client | Confidentiality | Inadvertent Receipt and Disclosure of Confidential Materials
A lawyer who, without notice of the inadvertent transmission, receives and reviews an opposing party’s confidential materials through the error or inadvertence of opposing counsel, may use information in such materials. A lawyer who knows of an inadvertent transmission before confidential materials of an opposing party have been opened and reviewed should return such materials without examination. A lawyer has a duty to advise a client that confidential information was inadvertently transmitted to and read by opposing counsel.
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Opinion 91-17 |
Conflict of Interest
It is improper for assistant public defenders sharing defense of delinquency cases from a common office, with shared secretarial and investigatory services, severally to represent both parent and child in a neglect/dependence proceeding.
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Opinion 90-27 |
Confidentiality
Improper for Public Defender's Office to disclose secret of one client to another client represented by different Assistant Public Defenders in unrelated cases.
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Opinion 86-08 |
Law Firm Name and Letterhead | Unauthorized Practice of Law
It is not improper for a lawyer who is retained by a hospital to collect past-due accounts to distribute his blank letterhead to the client-hospital or to a business corporation, retained by the hospital to assist in managing patient accounts receivables, for the purpose of typing a collection letter which the lawyer writes, reviews for accuracy and personally signs.
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Opinion 827 |
Advertising and Solicitation | Nonlawyer Assistants
An attorney may not, pursuant to an arrangement with an organization which refers work to the attorney, employ the clerical or paralegal services of that organization for compensation, nor may the attorney make voluntary periodic contributions to that organization.
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Opinion 744 |
Multijurisdictional Practice | Nonlawyer Assistants
A non-resident attorney licensed to practice in Illinois may maintain Illinois office staffed by a paralegal providing proper supervision and responsibility is maintained.