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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 22-02 |
Advertising and Solicitation | Sharing Fees With Nonlawyers
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.
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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 14-06 |
Advertising and Solicitation
A lawyer who is interviewed on television may wear clothing bearing the lawyer’s firm’s logo and type of law practiced.
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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 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 12-14 |
Advertising and Solicitation | Communication With Client | Law Firm Partnership and Employment Agreements | Law Firms
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.
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Opinion 12-04 |
Advertising and Solicitation
Labeling communications to solicit professional employment as "promotional" materials does not comply with requirements of the Illinois Rules of Professional Conduct to label such materials as "Advertising Material.”
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Opinion 12-03 |
Advertising and Solicitation | Confidentiality | Referral Fees and Arrangements
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.
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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 03-05 |
Advertising and Solicitation | Dual Professions
Attorney may list non-legal accreditation on attorney business card.
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Opinion 03-03 |
Advertising and Solicitation | Law Firm Name and Letterhead
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."
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Opinion 99-03 |
Advertising and Solicitation | Communication With Represented Person | Conflict of Interest - Transactional Matters
A lawyer retained as counsel for a savings and loan association may not contact an applicant for a home loan to be issued by the savings and loan association if it is known that the home loan purchaser is represented by counsel. Further, such communication constitutes improper solicitation of professional employment for pecuniary gain.
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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 97-02 |
Advertising and Solicitation
A lawyer may not conduct in-person solicitation of prospective clients either personally or through a representative.
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Opinion 96-10 |
Advertising and Solicitation | Confidentiality | E-mail
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.
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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 96-08 |
Advertising and Solicitation | Scope of Representation
- 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.
- A law firm may not have outside lawyers perform legal services without client disclosure and consent.
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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 96-02 |
Advertising and Solicitation
A third party may not offer anything of value to secure legal business for a lawyer with the lawyer's knowledge and acquiescence.
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Opinion 96-01 |
Advertising and Solicitation
A lawyer may distribute printed material advising persons of their legal rights who are in attendance at public service seminars and to community advocates for personal circulation to interested persons.
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Opinion 95-03 |
Advertising and Solicitation | Conflict of Interest | Guardians and Guardianship
A lawyer acting as a guardian ad litem has a duty to act in the best interests of the ward and to avoid any conflict of interest that may arise from representing the ward in subsequent litigation arising from his role as a guardian ad litem.
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Opinion 94-12 |
Advertising and Solicitation | Division of Fees | Referral Fees and Arrangements
An Illinois lawyer may not participate in a lawyer referral program which is operated by a for profit organization.
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Opinion 94-11 |
Advertising and Solicitation | Division of Fees
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.
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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 94-04 |
Advertising and Solicitation | Referral Fees and Arrangements
A lawyer or law firm may participate in a seminar relating to Advance Directive Services in which a health care organization (HCO) assists in preparation of materials so long as any payment by the lawyer or firm to the HCO is limited to the costs of preparation of the materials, those materials and their distribution comply with the rules on advertising, and all legal services are rendered solely by the lawyer.
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Opinion 94-03 |
Advertising and Solicitation | Government Representation
A law firm may entertain public officials who are officers of a client municipality at events such as a holiday party or a summer picnic. Invitations of such persons to sporting events on an individual basis are not improper per se, but are subject to reasonable limitations.
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Opinion 93-10 |
Advertising and Solicitation
A lawyer shall not conduct in-person solicitation of professional employment for pecuniary gain.
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Opinion 92-17 |
Advertising and Solicitation
An attorney may solicit clients from a targeted group of individuals already involved in litigation, so long as that solicitation complies with Rule 7.3
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Opinion 92-16 |
Advertising and Solicitation | Referral Fees and Arrangements
Attorney practicing before Internal Revenue Service may not give reductions in fees to IRS agent before whom attorney practices in exchange for agent "doing what he could to further career of attorney."
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Opinion 92-08 |
Advertising and Solicitation | Referral Fees and Arrangements
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.
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Opinion 91-13 |
Advertising and Solicitation | Contingent Fees
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.
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Opinion 90-37 |
Advertising and Solicitation
A lawyer may initiate contact with a prospective client by written communication plainly labeled as advertising material.
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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 85-01 |
Advertising and Solicitation
An attorney may be a financial sponsor of an athletic team and such sponsorship may be publicized in connection with matters relating to the team.
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Opinion 832 |
Advertising and Solicitation
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.
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Opinion 84-12 |
Advertising and Solicitation
Attorney may initiate contact with existing clients to advise them of potential claims and may accept employment resulting therefrom.
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Opinion 84-04 |
Advertising and Solicitation
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.
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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 812 |
Advertising and Solicitation
A law firm may make available to its clients for retention by them, pens of nominal value imprinted with the firm's name, address, phone number and a designation of the areas of its legal practice.
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Opinion 763 |
Advertising and Solicitation
There is no prohibition against a lawyer cooperating with a newspaper in the publication of an article dealing with legal subjects in a general manner and with appropriate credits as to authorship; nor is there any prohibition against news releases by lawyers of their attendance at legal seminars on particular subjects.
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Opinion 756 |
Advertising and Solicitation
A lawyer may permit his name to appear on a billboard indicating that he did legal work for a participant in a construction project.
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Opinion 749 |
Advertising and Solicitation
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.
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Opinion 727 |
Advertising and Solicitation
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.
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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.
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Opinion 702 |
Advertising and Solicitation
It is not improper for a law firm to send a letter to all postal patrons in a community stating that the firm has opened a branch office and containing certain other information, including the fields of law in which services will be provided.
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Opinion 700 |
Advertising and Solicitation
It is professionally proper to handle "player representation" from the attorney's law office.
