Jump to Ethics Opinions by IRPC Rule
Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law
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Opinion 25-01 |
Multijurisdictional Practice | Unauthorized Practice of Law
Pursuant to Rule 5.5(d), a lawyer not licensed in Illinois may counsel an Illinois business on matters the lawyer is authorized by federal or other law or rule to provide in this jurisdiction. However, to the extent the non-Illinois lawyer seeks to advise an Illinois business on Illinois law, one of the exceptions to Rule 5.5(c) must apply.
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Opinion 23-01 |
Unauthorized Practice of Law
A lawyer not admitted to practice law in Illinois may not engage in the practice of law in Illinois unless one of the exceptions set forth in Rule 5.5 applies.
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Opinion 22-03 |
Law Firms | Multijurisdictional Practice | Unauthorized Practice of Law
It does not violate the Illinois Rules of Professional Conduct for an Illinois-licensed lawyer to practice Illinois law from a geographic location outside of Illinois where the Illinois lawyer is not licensed.
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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 15-01 |
Corporate and In-House Counsel | Unauthorized Practice of Law
An in-house lawyer, admitted to the bar of a state other than Illinois but with a permanent office in Illinois, may practice before the United States Patent and Trademark Office on behalf of his or her employer without a limited license under Illinois Supreme Court Rule 716. Such a lawyer’s practice is restricted to those activities that are authorized by 37 C.F.R. 11.5(b).
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Opinion 14-04 |
Advertising and Solicitation | Unauthorized Practice of Law
Solicitation of personal injury cases within Illinois by a lawyer not admitted to practice in Illinois is not, in and of itself, a form of unauthorized practice of law, however, all solicitations must comply with all restrictions imposed by the Illinois Supreme Court on lawyer advertising, and must contain all information necessary to prevent the recipient from being misled.
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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 12-17 |
Advertising and Solicitation | Arbitration and Mediation | Multijurisdictional Practice | Unauthorized Practice of Law
Representation of a party in a grievance arbitration in Illinois may be considered the practice of law, however, a lawyer licensed in another state may serve as representative of a party at a grievance arbitration without being admitted to practice in Illinois so long as the representation is in accordance with Illinois Rules of professional Conduct RPC 5.5(b) and (c). With regard to advertising, nothing in the Rules specifically authorizes lawyers admitted in jurisdictions other than Illinois to advertise in Illinois, therefore, whether and how lawyers may communicate the availability of their services to prospective clients in this jurisdiction is governed by Rules 7.1 to 7.5.
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Opinion 12-09 |
Multijurisdictional Practice | Unauthorized Practice of Law
Non-Illinois lawyer partnering with Illinois lawyer in Illinois and advising clients on Illinois law
A lawyer not admitted in Illinois may not primarily practice in this state, physically or through a virtual office, even if the co-owner of the law firm is a lawyer, licensed in Illinois, who has direct supervision of the non-admitted lawyer on matters involving Illinois clients.
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Opinion 11-02 |
Conflict of Interest | Restrictions on a Lawyer’s Practice
A conflict of interest would be created between Lawyer’s representation of one client and other similar clients if Lawyer were to sign a confidentiality agreement required by an accounting firm that would prohibit Lawyer from divulging a package of ideas developed by the accounting firm that would reduce the client’s tax obligations. For purposes of the Illinois Rules of Professional Conduct, a lawyer cannot agree to keep confidential interpretations of the law.
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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 02-04 |
Multijurisdictional Practice | Unauthorized Practice of Law
An attorney licensed in State X who negotiates, from his office in State X, his clients' claim for medical matters in State Y, where no lawsuit has been filed and where the attorney is not licensed, does not engage in the unauthorized practice of law, and need not associate with an attorney in State Y to conduct this negotiation.
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Opinion 97-03 |
Unauthorized Practice of Law
A corporation doing business as a “management services organization” is engaged in the unauthorized practice of law when, among the services provided, it includes legal services, whether in-court or otherwise; it would be professionally improper for any lawyer to counsel or advise the corporation in rendering such services.
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Opinion 95-07 |
Unauthorized Practice of Law
Individuals may complete and file corporate documents; however, if the individual receives any assistance or advice from nonlawyers in completing the forms, such as forms for filing articles of incorporation, even those provided by the Secretary of State, the person providing the assistance is unlawfully engaged in the unauthorized practice of law. This determination includes assistance provided by accountants.
Rule 5.5(a)
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Opinion 97-03 |
Unauthorized Practice of Law
A corporation doing business as a “management services organization” is engaged in the unauthorized practice of law when, among the services provided, it includes legal services, whether in-court or otherwise; it would be professionally improper for any lawyer to counsel or advise the corporation in rendering such services.
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Opinion 96-04 |
Advertising and Solicitation | Division of Fees | Unauthorized Practice of Law
The Rules of Professional Conduct are violated in numerous particulars by the creation of a network of independent licensee lawyers to be held out as practicing in the name of a corporation wholly owned by a non-lawyer.
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Opinion 94-08 |
Advertising and Solicitation | Referral Fees and Arrangements | Unauthorized Practice of Law
It is professionally improper for a lawyer to participate in an arrangement with a non-lawyer whereby the latter engages in conduct which constitutes the unauthorized practice of law and where the lawyer obtains referrals in return for the payment of "marketing" or "consultation" fees and other things of value by the lawyer to the non-lawyer.
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Opinion 93-15 |
Unauthorized Practice of Law
- Employer representation by non-attorney representatives to prepare and present evidence at termination hearings constitutes unauthorized practice of law.
- Participation in administrative hearings by attorneys where lay persons represent another party does not constitute aiding in the unauthorized practice of law.
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Opinion 93-02 |
Conflict of Interest
- Attorney representing a collection agency actually represents the creditor.
- An attorney filing a garnishment action for a collection client against another collection client bank (though unrelated to each other) may be in a conflict, requiring disclosure and consent.
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Opinion 92-20 |
Unauthorized Practice of Law
An attorney does not aid in the unauthorized practice of law when assuming representation of a client who has been provided previous services by a non-attorney, so long as the attorney merely accepts representation of the client, rather than actively participating with the non-attorney in continued settlement actions.
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Opinion 91-18 |
Fees Paid by Third Party
An attorney may represent property manager/agent members of real estate agents' association for client/owners provided that the agents are authorized to employ counsel, there is no fee splitting with the association or the member agents, and the association does not engage in improper solicitation or the unauthorized practice of law.
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Opinion 91-10 |
Unauthorized Practice of Law
An attorney aids in the unauthorized practice of law, and violates Rules of Professional Conduct regarding conflict of interest, fee splitting, and the provision of independent legal advice, when the attorney participates in a financial planning company's arrangement whereby the company gathers information necessary to prepare estate planning documents, prepares the documents, and send the documents to the client's selected attorney for review, legal advice, and execution.
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Opinion 91-03 |
Division of Fees | Fees Paid by Third Party | Referral Fees and Arrangements
A lawyer may represent creditor/client when a collection agency retains the lawyer acting as an agent for the creditor/client but must satisfy himself that the collection agency is authorized by the creditor/client to do so; may not divide fees with the collection agency; and must ensure that the collection agency does not engage in improper solicitation for legal services or engage in the unauthorized practice of law in the marketing or performance of its services.
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Opinion 90-20 |
Division of Fees | Unauthorized Practice of Law
It is professionally improper for an attorney, employed by an institution which markets Revocable Living Trusts to consumers as estate planning tools, to prepare or review such documents; or for the attorney to share fees with the institution.
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Opinion 90-19 |
Advertising and Solicitation | Unauthorized Practice of Law
A lawyer may not assist a "Financial Planner" who is engaged in the unauthorized practice of law. A lawyer may not give anything of value to a financial planner to initiate contact with prospective clients, or recommend the services of such lawyer.
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Opinion 90-13 |
Unauthorized Practice of Law
A bank that prepares an Illinois land trust agreement for its client and/or deed into trust is engaged in the unauthorized practice of law.
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Opinion 88-08 |
Nonlawyer Assistants | Unauthorized Practice of Law
It is improper for a law firm's client to provide space within its own business office for the regular use of a firm's paralegal to take phone calls and discuss matters in the law firm's name; it is improper for a law firm to allow a "paraprofessional" employed by one of the firm's clients to accept phone calls at the client's place of business in the law firm's name.
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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 85-07 |
Law Firm Name and Letterhead | Unauthorized Practice of Law
A law firm may not provide a client its firm letterhead signed in blank for use by the client.
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Opinion 768 |
Corporate and In-House Counsel | Fees and Expenses
It is not improper for a full-time, salaried lawyer to permit his employer to claim a portion of his salary as a legal fee in a mortgage foreclosure.
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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.
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Opinion 707 |
Unauthorized Practice of Law
The use of lay intermediaries between lawyers and those from whom they render particularized legal services constitutes the aiding of the unauthorized practice of law and is, therefore, professionally improper.
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Opinion 705 |
Advertising and Solicitation
It is professionally improper for a lawyer to accept and act upon legal claims forwarded to the lawyer by a corporation which solicited the claims.
Rule 5.5(b)
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Opinion 96-04 |
Advertising and Solicitation | Division of Fees | Unauthorized Practice of Law
The Rules of Professional Conduct are violated in numerous particulars by the creation of a network of independent licensee lawyers to be held out as practicing in the name of a corporation wholly owned by a non-lawyer.
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Opinion 94-01 |
Lawyer Retained and Compensated and Directed by Third Party | Scope of Representation | Unauthorized Practice of Law
A lawyer aids in the unauthorized practice of law, and may violate rules pertaining to confidentiality, conflicts, and the duty to communicate with and explain matters to a client, by limiting his role in a real estate transaction to the drafting of documents and delegating the gathering and dissemination of information, the resolution of problems arising from the documents drafted, and other problems which may arise at the closing, to the real estate broker.
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Opinion 93-15 |
Unauthorized Practice of Law
- Employer representation by non-attorney representatives to prepare and present evidence at termination hearings constitutes unauthorized practice of law.
- Participation in administrative hearings by attorneys where lay persons represent another party does not constitute aiding in the unauthorized practice of law.
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Opinion 93-11 |
Lawyer Retained and Compensated and Directed by Third Party | Scope of Representation | Unauthorized Practice of Law
An attorney may be retained to render services for a client by a third party. The party must be authorized to retain the attorney and the attorney's judgment must not be directed or regulated by the third party. The third party must be paid on either an hourly or contingent fee basis by the client and the attorney must not share fees with a non-attorney third party.
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Opinion 93-02 |
Conflict of Interest
- Attorney representing a collection agency actually represents the creditor.
- An attorney filing a garnishment action for a collection client against another collection client bank (though unrelated to each other) may be in a conflict, requiring disclosure and consent.
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Opinion 92-20 |
Unauthorized Practice of Law
An attorney does not aid in the unauthorized practice of law when assuming representation of a client who has been provided previous services by a non-attorney, so long as the attorney merely accepts representation of the client, rather than actively participating with the non-attorney in continued settlement actions.
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Opinion 91-18 |
Fees Paid by Third Party
An attorney may represent property manager/agent members of real estate agents' association for client/owners provided that the agents are authorized to employ counsel, there is no fee splitting with the association or the member agents, and the association does not engage in improper solicitation or the unauthorized practice of law.
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Opinion 91-03 |
Division of Fees | Fees Paid by Third Party | Referral Fees and Arrangements
A lawyer may represent creditor/client when a collection agency retains the lawyer acting as an agent for the creditor/client but must satisfy himself that the collection agency is authorized by the creditor/client to do so; may not divide fees with the collection agency; and must ensure that the collection agency does not engage in improper solicitation for legal services or engage in the unauthorized practice of law in the marketing or performance of its services.
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Opinion 90-35 |
Unauthorized Practice of Law
An attorney aids in the unauthorized practice of law when the attorney participates in a not-for-profit organization plan whereby the not-for-profit organization procures from its requesting member information necessary to prepare a will for the member, sends that information to the attorney who, based on that information, drafts the will and returns it or furnishes other legal advice concerning the will to the not-for-profit organization, which then transmits the will or advice to its requesting member.
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Opinion 90-20 |
Division of Fees | Unauthorized Practice of Law
It is professionally improper for an attorney, employed by an institution which markets Revocable Living Trusts to consumers as estate planning tools, to prepare or review such documents; or for the attorney to share fees with the institution.
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Opinion 90-13 |
Unauthorized Practice of Law
A bank that prepares an Illinois land trust agreement for its client and/or deed into trust is engaged in the unauthorized practice of law.
Rule 5.5(c)
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Opinion 14-03 |
Conflict of Interest | Corporate and In-House Counsel | Professional Independence of Lawyer | Sharing Fees With Nonlawyers | Unauthorized Practice of Law
Staff attorney employed by non-lawyer business entity is prohibited from providing legal services to the entity’s customers.
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Opinion 02-04 |
Multijurisdictional Practice | Unauthorized Practice of Law
An attorney licensed in State X who negotiates, from his office in State X, his clients' claim for medical matters in State Y, where no lawsuit has been filed and where the attorney is not licensed, does not engage in the unauthorized practice of law, and need not associate with an attorney in State Y to conduct this negotiation.