Read Illinois Rule of Professional Conduct 8.3 Reporting Professional Misconduct
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Rule 8.3 Reporting Professional Misconduct
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Opinion 11-01 |
Arbitration and Mediation | Reporting Lawyer Misconduct
When a lawyer-mediator learns that a lawyer representing a party in a mediation has violated Rule 8.4(c), the lawyer-mediator has an obligation to report that lawyer’s misconduct. Provisions in the Uniform Mediation Act or the Not-For-Profit Mediation Center Act generally do not prevent such disclosure.
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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 96-09 |
Advertising and Solicitation | Communication With Represented Person | Reporting Lawyer Misconduct
A lawyer who has been formally discharged by a client in favor of new counsel may not thereafter contact the former client (except through his new counsel) where the purpose is to further the lawyer's claim for fees and expenses; statements by the lawyer made for the purpose of soliciting the former client's case and which are false or misleading violate the Rules of Professional Conduct; such statements, however, are not subject to mandatory reporting if knowledge thereof is obtained as a result of a privileged communication.
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Opinion 93-19 |
Negotiations
A settlement proposal to sign a release and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained against the defendant is not per se professionally improper.
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Opinion 92-12 |
Confidentiality | Impaired Lawyer | Reporting Lawyer Misconduct
An attorney may not use or reveal information given him by a doctor/client concerning the doctor's patient (an attorney considered to be incompetent to practice law) but he may suggest alternatives that the doctor can pursue with the patient and his family.
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Opinion 90-08 |
Reporting Lawyer Misconduct
- There is no duty to report knowledge of professional misconduct protected as a confidence by the lawyer-client privilege.
- The duty to report knowledge of professional misconduct of another lawyer should not apply to a lawyer retained to represent the lawyer whose professional conduct is in question.
- There is a duty to report professional misconduct which is otherwise subject to mandatory reporting even if the ARDC has learned of the same misconduct from another source.
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Opinion 89-15 |
Conflict of Interest | Government Representation
A city attorney should not participate in pending ordinance adoption where he might benefit from adoption except where he has disclosed his possible interest in the success of the ordinance and has secured a waiver of the city of the conflict.
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Opinion 89-07 |
Reporting Lawyer Misconduct
Public defender is not required to report every allegation of ineffective assistance of counsel to ARDC but may exercise discretion in making determination of what attorney misconduct is required to be reported.
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Opinion 88-17 |
Reporting Lawyer Misconduct
Lawyer has no duty to report to the ARDC conduct of a person who has been disbarred, which conduct might be an ethics violation if committed by a lawyer.
Rule 8.3(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 01-04 |
Lawyer Referral Services | Reporting Lawyer Misconduct
Lawyers acting as bar association officers have no duty to report a lawyer who fails to segregate a referral fee she owes to the bar association where the lawyer has filed a petition to adjudicate the lien raising serious ethical issues regarding the validity of the lien.
The lawyers acting as bar association officers have no duty to report the failure of the attorney to turn over the money after a final determination has been made that it belongs to the association and collection proceedings have commenced.
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Opinion 94-23 |
Reporting Lawyer Misconduct
Illinois Rules of Professional Conduct require a lawyer admitted to practice in Illinois to report misconduct of lawyers who are not admitted to practice in Illinois.
A lawyer has no different duty to report a crime than any other person.
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Opinion 93-20 |
Reporting Lawyer Misconduct
A conflict of interest does not normally rise to the level of misconduct which an attorney is mandated to report under Rules 8.3(a) and 8.4(a)(3) and (4).
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Opinion 93-19 |
Negotiations
A settlement proposal to sign a release and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained against the defendant is not per se professionally improper.
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Opinion 93-03 |
Client Funds and Property | Reporting Lawyer Misconduct
Attorney report is not mandatory under Rule 8.3 unless the attorney has knowledge, which is not otherwise protected, of a violation of Rule 8.4(a)(3) or (4).
Attorney is required by Rule 1.15(c) to hold in a separate account, the funds disputed by the client and the client's former attorney.
An interpleader action is not inconsistent with Rule 1.15.
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Opinion 91-29 |
Reporting Lawyer Misconduct | Threatening Criminal Prosecution
- Mention of inclination to pursue criminal charges against husband by wife's attorney during negotiations for settlement of divorce is improper conduct.
- Recipient of threat not involving misconduct described in Rule 8.4(a)(3) and (4) from opposing counsel creates no obligation of reporting to ARDC
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Opinion 91-23 |
Reporting Lawyer Misconduct
An attorney is not required to report misconduct of another attorney learned through a privileged attorney/client communication.
An attorney is obligated to report only certain forms of misconduct by another attorney, and only if he has "knowledge" of such misconduct as defined in the Rules of Professional Conduct.
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Opinion 91-07 |
Reporting Lawyer Misconduct
An attorney retained to investigate a client's suspicions that the client's former attorney engaged in fraudulent conduct to the client's detriment must disclose unprivileged knowledge of violations of Rules 8.4(a)(3) and (4) to the Attorney Registration and Disciplinary Commission and must communicate that obligation to the client at the outset of the representation.
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Opinion 90-36 |
Reporting Lawyer Misconduct
A lawyer is not required to report knowledge of misconduct of another lawyer unless such misconduct is either a criminal act that reflects adversely on the other lawyer's honesty, trustworthiness or fitness as a lawyer or conduct involving dishonesty, fraud, deceit or misrepresentation.
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Opinion 90-28 |
Reporting Lawyer Misconduct
A report is not mandatory under Rule 8.3 unless a lawyer has actual knowledge of a violation of Rule 8.4(a)(3) or (a)(4). If such information is received as hearsay, the lawyer is not required to attempt to confirm or disprove the allegation. If a lawyer obtains actual knowledge of misconduct falling within Rule 8.3, however, a report is required even though the action agency already has learned of the matter through a different source.