ISBA Ethics Opinions by IRPC Rule 7.1

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.

A for-profit lawyer-client “match” service may comply with the Illinois Rules of Professional Conduct if (1) the matches are automated and completed without discretion on the part of the service as to what lawyer to match with a potential client; (2) the service does not endorse or vouch for the lawyer’s services, or hold itself out as such; (3) the service is not involved in any resulting attorney-client relationship that is formed after a “match”; and (4) any fees paid by the lawyer to the service are reasonable and unrelated to the services the lawyer provides to the client identified through the service. However, after a lawyer has initially decided that their participation in such a service complies with the Illinois Rules of Professional Conduct, the lawyer should evaluate, as frequently as is reasonable and including when asked to decide to renew their contract with the service or when provided information about changes to the service, whether their participation will continue to comply with the Rules. A lawyer must end their involvement with the service if and when they learn it violates the Illinois Rules of Professional Conduct.

A lawyer concentrating his or her practice in tax law may be “of counsel” to a law firm if the relationship with the firm is close and continuing. The lawyer will not be considered as being in a separate firm for the purposes of Rule 1.5(e) or for the purposes of disqualification due to a conflict of interest.

A lawyer who is interviewed on television may wear clothing bearing the lawyer’s firm’s logo and type of law practiced.

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.

After departure, an associate who has left a law firm may contact clients of the firm with whom he had an attorney-client relationship. The Rules of Professional Conduct do not preclude him from informing such clients that he has departed and that they have the right to continue with the firm or transfer the file to him. Notice to the client is mandatory where a departing associate has been involved in representing the client in such degree or kind that the departure could reasonably affect either the client’s decisions regarding the representation or the means of accomplishing the client’s objectives. In such case, the associate must ensure that he or the firm (or both) timely inform the client of his departure. Whether such notice must issue before the associate’s departure will depend on the circumstances.

A lawyer may participate in a networking group with other service professionals which refers clients to one another if: (a) the reciprocal referrals are not exclusive; (b) the lawyer requests prior consent from the client to give his or her name to someone in the networking group, although the better practice might be for the lawyer to give the name of the other “professional” to the client; (c) the client is informed of the existence of the referral agreement between the lawyer and the non-lawyer professional; and (d) the referral arrangement does not interfere with the lawyer’s professional judgment as to making the referral or providing substantive legal services.

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.

Resolution of the conflict between Supreme Court Rule 714 and Rule 7.4 favors Rule 714 as the more recent. A lawyer may list the certification "Capital Litigation Trial Bar" on letterhead without the disclaimer that "the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law."

It is not professionally improper for a lawyer to operate a prerecorded telephone advertisement where a fee is charged to the caller; sharing of such fees with a non-lawyer for preparation of the recording and written advertisement is permissible; sharing of legal fees with a non-lawyer in either a partnership or corporate setting is improper.

Lawyers may use electronic mail services, including the Internet, without encryption to communicate with clients unless unusual circumstances require enhanced security measures. The creation and use by a lawyer of an Internet “web site” containing information about the lawyer and the lawyer’s services that may be accessed by Internet users, including prospective clients, is not “communication directed to a specific recipient” within the meaning of the rules, and therefore only the general rules governing communications concerning a lawyer’s services and advertising should apply to a lawyer “web site” on the Internet. If a lawyer uses the Internet or other electronic mail service to direct messages to specific recipients, then the rules regarding solicitation would apply.

1. It is not misleading for a law firm to hold itself out as concentrating its practice in intellectual property law despite the fact that it does not do patent work. However, it may not hold itself out as "specializing" in any field of practice.
2. A law firm may not have outside lawyers perform legal services without client disclosure and consent.

It is professionally improper for a law firm to participate in a cellular telephone service offering legal advice where, based on the facts presented: the promotional materials are misleading; the promotional materials fail to include the name of a lawyer responsible for the contents; the firm may be participating in improper fee splitting and a partnership with a nonlawyer; there is no apparent avoidance of conflicts of interest; and client confidences may not be preserved.

Under facts presented, proposal of corporation to recommend its law firm to employees at reduced rates conforms to requirements of Illinois Rules of Professional Conduct.

It is not professionally improper for attorney to represent corporate client under stated "contingent" fee arrangement, provided said arrangement violates no other laws; advertising such "contingent" fee arrangements, within limits imposed by Rules, is also not professionally improper.

Lawyer may operate business of providing economic analyses in conjunction with law practice from existing law office.

Names of lay employees may be included on firm letterhead provided the letterhead is not misleading.

Practice of law and accounting in same office now permissible due to repeal of Code section that required physical separation of dual practices.

A lawyer may not solicit the business of a targeted group of individuals either personally or through a Welcome Wagon service.

A lawyer may place an advertisement containing generalized information in either a newspaper of general circulation or a publication distributed to a more limited audience.

A lawyer may initiate contact with non-clients by mailing written communications to persons not known in a specific matter to require legal services, provided that such communications are clearly labeled as advertising materials.

A lawyer may (1) include in "Yellow Pages" and newspaper advertising, on his stationery, business cards, announcements and office sign information as to special degrees earned and concentration of practice in a particular field; and (2) circulate letters and resumes to other attorneys both in Illinois and other states indicating availability for referrals in field of concentration; provided such material is accurate and informative and is not misleading and does not imply specialization or expertise.

It is not professionally improper for a lawyer to send letters to persons who are not his clients offering to conduct seminars upon legal subjects currently of concern to the addressees.