Read Illinois Rule of Professional Conduct 8.4 Misconduct
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Rule 8.4 Misconduct
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Opinion 25-02 |
Advertising and Solicitation | Lawyer Referral Services | Sharing Fees With Nonlawyers
An Illinois attorney would violate the Illinois Rules of Professional Conduct by accepting clients from a for-profit, third-party client referral service that (1) charges clients a fixed fee for petty criminal and traffic offense cases, (2) pays a lawyer in the service’s network a portion of the fixed fee, and (3) offers a money-back guarantee to the client if the client does not “win” the case. Even if the referral service did not contain these problematic features, an Illinois attorney still would violate the Rules of Professional Conduct if the referral service is one that (a) fails to disclose the use of non-attorney actors in advertising directed to potential clients, or (b) requires the lawyers to communicate with clients on an online platform monitored by the referral service, with no guarantee of confidentiality and no apparent disclosure to and informed consent of the client. Further, using referral services such as those described in this opinion also would raise other problems, including the potential that the lawyer would be unable to comply with their obligations under the Rules of Professional Conduct with respect to the charging of fees, including the obligation to ensure the fee charged is a reasonable one.
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Opinion 18-01 |
Communication With Represented Person | Confidentiality | E-mail
A lawyer may not use tracking software in emails or other electronic communications with other lawyers or clients in the course of representing a client without first obtaining the informed consent of each recipient to the use of such software. It is not reasonable to require that lawyers acquire special devices or programs to detect or defeat tracking software.
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Opinion 12-18 |
Conflict of Interest | Prospective Clients
An attorney may not encourage a client to engage in the practice known as “taint shopping,” whereby a prospective client meets with an attorney for the sole purpose of disqualifying the attorney from representing an opponent. An attorney who participates in an initial consultation with a prospective client, but who is not retained by the prospective client, is not prohibited from later representing a client with materially adverse interests in the same or in a substantially related matter if: (a) before the consultation, the attorney obtained the prospective client’s informed consent of any conflict that might arise from the information disclosed by the prospective client; (b) even in the absence of an informed consent, the attorney did not receive information that could be significantly harmful if used in the matter; or (c) the attorney can establish that the prospective client revealed information to the attorney with no intention of retaining the attorney.
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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 98-04 |
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 97-06 |
Advertising and Solicitation | Division of Fees
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.
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Opinion 97-05 |
Advertising and Solicitation | Lawyer Referral Services | Referral Fees and Arrangements
A lawyer may not participate or assist in any way in a business operating as a for-profit lawyer referral service.
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Opinion 97-01 |
Confidentiality | Referral Fees and Arrangements
A lawyer may request the names of potential customers for his employer bank from another lawyer, but should not coerce the other lawyer to produce such names. A lawyer may give the names of his clients to a bank as potential customers for banking services, but must first obtain consent of his clients to do so.
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Opinion 96-11 |
Communication With Client | Impaired Lawyer
Lawyer, who represents clients transferred to him by another lawyer, owes no legal duty to the transferring lawyer or to the clients involved to inform the clients of the resumption of practice by the transferring lawyer who previously suspended his practice while temporarily physically incapacitated. Lawyer has an obligation to keep his clients reasonably informed about the status of their cases and must promptly comply with reasonable requests by the clients for such information, but this obligation does not create a legal or ethical duty on the part of lawyer to relay information regarding the referring attorney’s practice.
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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 96-03 |
Communication With Adverse Person | Deceased or Missing Clients
A lawyer must make timely disclosure of a client's death in a pending personal injury matter. Where the lawyer represents a corporation in a claim against a third party, the deaths of principal officers or shareholders need not be disclosed unless the information is material to the matter.
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Opinion 94-20 |
Imputed Disqualification | Lawyer Holding Public Office
Partner of lawyer who is also a municipal police officer should not represent a client in a claim against the municipality.
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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 93-16 |
Client Fraud | Confidentiality
Where lawyer's knowledge of client's past violations of tax laws is either privileged or "secret" under Rule 1.6, the lawyer may not properly voluntarily disclose such violations to tax authorities or other persons without the consent of the client.
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Opinion 90-25 |
Court Appointed Lawyer | Financial Assistance to Clients
- It is improper for attorneys to sign a surety bond on behalf of another attorney from the same firm, when the firm has been hired by the attorney to represent him in his capacity as administrator of a decedent's estate.
- It is not necessarily improper for a judge to appoint an attorney as administrator of an estate, even though that attorney has made financial contributions to the judge's campaign committee, and another attorney from the same firm served on the judge's campaign committee when the judge sought to be elected to his present judicial post; whether the attorney should accept such appointment depends upon whether the appointment is likely to result in a violation of the Rules of Professional Conduct or other law, and ultimately whether the acceptance of the appointment will be prejudicial to the administration of justice.
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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 85-06 |
Court Obligations | Scope of Representation
It is improper for a lawyer to advise client, prepare pleadings, motions and petitions for client as a pro se litigant, file documents in court on client's behalf, but not appear for and on behalf of client during judicial proceedings.
Rule 8.4(a)
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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 01-06 |
Communication With Adverse Person | Frivolous Arguments
While a lawyer may zealously represent the interests of a client, a lawyer must be truthful in dealings with adversaries and third parties and cannot take actions designed merely to harass or burden such other parties.
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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 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 97-05 |
Advertising and Solicitation | Lawyer Referral Services | Referral Fees and Arrangements
A lawyer may not participate or assist in any way in a business operating as a for-profit lawyer referral service.
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Opinion 97-01 |
Confidentiality | Referral Fees and Arrangements
A lawyer may request the names of potential customers for his employer bank from another lawyer, but should not coerce the other lawyer to produce such names. A lawyer may give the names of his clients to a bank as potential customers for banking services, but must first obtain consent of his clients to do so.
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Opinion 95-10 |
Misrepresentation
A lawyer who makes a material change in a document submitted by another lawyer for signature should disclose the change when returning the signed document; failure to do so may constitute unprofessional conduct.
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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 93-01 |
Business Transactions With Clients | Dual Professions
Attorney may provide legal services and conduct title insurance business as agent so long as legal services are conducted in compliance with the Illinois Rules of Professional Conduct.
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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 91-17 |
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 90-36 |
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.
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Opinion 86-03 |
Fees and Expenses | Witnesses
It is professionally improper for an attorney to hire, or to recommend or acquiesce in his client hiring, an agency to provide an expert witness where the agency's compensation is contingent upon the outcome of the matter.
Rule 8.4(b)
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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 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 93-19 |
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 91-09 |
Lawyer Holding Public Office
Lawyer who serves as volunteer, unpaid village commissioner does not hold "public office" within the meaning of 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.
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Opinion 90-17 |
Lawyer Holding Public Office
Lawyer who is a city council member and the lawyer's firm generally should not represent clients before city council, even if lawyer abstains from participation in matters handled by the firm.
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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.
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Opinion 88-07 |
Confidentiality | Former Client
It is professionally improper for an attorney to file an annexation lawsuit against a Village Board when the attorney has obtained confidential information in his previous position as Village Board Attorney regardless of whether this information is disclosed to the general public.
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Opinion 88-06 |
Lawyer Holding Public Office
A lawyer who is elected member of school board may not accept private employment to oppose an annexation supported by school board.
Rule 8.4(c)
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Opinion 15-05 |
Advertising and Solicitation
A law firm’s website may contain links to other websites of other businesses and/or organizations.
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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 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 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 93-19 |
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.
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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 8.4(d)
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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 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.
Rule 8.4(f)
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Opinion 90-25 |
Court Appointed Lawyer | Financial Assistance to Clients
- It is improper for attorneys to sign a surety bond on behalf of another attorney from the same firm, when the firm has been hired by the attorney to represent him in his capacity as administrator of a decedent's estate.
- It is not necessarily improper for a judge to appoint an attorney as administrator of an estate, even though that attorney has made financial contributions to the judge's campaign committee, and another attorney from the same firm served on the judge's campaign committee when the judge sought to be elected to his present judicial post; whether the attorney should accept such appointment depends upon whether the appointment is likely to result in a violation of the Rules of Professional Conduct or other law, and ultimately whether the acceptance of the appointment will be prejudicial to the administration of justice.
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Opinion 86-18 |
Judges
A firm may not invite and bear the expense of judges' attendance at a firm golf outing.
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Opinion 86-19 |
Judges | Law Reform Activities
A bar association may bear the expenses of having judges as guests at sponsored activities.
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Opinion 866 |
Judges
An attorney who has contributed to and/or participated in a judge's election campaign is not precluded from appearing before that judge in subsequent judicial proceedings.
Rule 8.4(g)
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Opinion 20-03 |
Threatening Criminal Prosecution
A demand letter written by a lawyer in an attempt to settle a civil claim may accurately set forth the relevant statute including the statute’s possibility of both civil and criminal liability. However, a demand letter should not threaten criminal prosecution in order to gain an advantage in a civil matter. Further, a lawyer should not state that criminal prosecution can be avoided by making payment (settling the claim) because such a statement would be an improper threat.
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Opinion 12-01 |
Threatening Criminal Prosecution
Where a lawyer has filed suit to recover on an NSF check for a client, the lawyer cannot present or participate in presenting criminal charges to obtain an advantage in the civil aspects of the NSF check matter.
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Opinion 95-12 |
Communication With Represented Person | Threatening Disciplinary Action
The prohibition on threatening opposing counsel with disciplinary proceedings extends to ordinance violation as well as purely civil matters; lawyer prohibited from directly communicating with represented city officials concerning pending ordinance violation prosecution against lawyer's client but prohibition does not necessarily extend to communication concerning related controversy.
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Opinion 93-05 |
Threatening Criminal Prosecution
An attorney may report the issuance of an NSF check to the State's Attorney's Office in circumstances where such reporting is not to obtain an advantage in a civil matter.
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Opinion 92-19 |
Prosecutors
It is improper for a part-time Assistant State's Attorney assigned to prosecute criminal matters to simultaneously or subsequently represent individual(s) in civil litigation arising out of a criminal matter he or she prosecuted.
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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 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 90-30 |
Conflict of Interest
A lawyer may continue to represent a client where their interests are potentially in conflict when the lawyer reasonably believes the representation will not be adversely affected and the client consents after disclosure.
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Opinion 87-07 |
Threatening Disciplinary Action
A lawyer should not threaten disciplinary action against a party who is a lawyer to obtain an advantage in a civil matter.
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Opinion 86-09 |
Threatening Criminal Prosecution
Where a lawyer has filed suit to recover on an NSF check for a client, the lawyer cannot present or participate in presenting criminal charges to obtain an advantage in the civil aspects of the NSF check matter.
Rule 8.4(h)
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Opinion 90-32 |
Business Transactions With Clients | Dual Professions
Lawyer who is also an insurance and investment professional: may advertise insurance and investment business, but if advertising discloses status as a lawyer it must comply with rules governing lawyer advertising and solicitation; may accept legal employment from insurance and investment customers; and may sell insurance and investment products to legal clients with disclosure and consent; but may not agree with legal clients who are also insurance and investment customers that insurance or investment advice cannot be considered legal advice.
Rule 8.4(k)
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Opinion 91-09 |
Lawyer Holding Public Office
Lawyer who serves as volunteer, unpaid village commissioner does not hold "public office" within the meaning of the Rules of Professional Conduct.
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Opinion 90-17 |
Lawyer Holding Public Office
Lawyer who is a city council member and the lawyer's firm generally should not represent clients before city council, even if lawyer abstains from participation in matters handled by the firm.
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Opinion 87-04 |
Conflict of Interest | Government Representation
Part-time public defender may represent private client against county with consent of private client after full disclosure of employment relationship with county.
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Opinion 789 |
Prosecutors
A lawyer who is a part-time Assistant States Attorney assigned to civil cases cannot represent private clients on zoning matters before the County Board.