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Opinion 23-03 |
Business Transactions With Clients | Conflict of Interest | Referral Fees and Arrangements
A lawyer who receives compensation in exchange for the referral of clients to an investment advisor has a conflict of interest and is involved in a business transaction with a client. Whether a lawyer can engage in such a transaction must be analyzed on a case-by-case basis.
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Opinion 13-04 |
Business Transactions With Clients | Conflict of Interest | Government Lawyers
A lawyer serving as an officer of a financial institution who also owns a significant stock interest in it must comply with the requirements of RPC 1.8 when representing a municipality that engages in business transactions with the financial institution. In addition, the lawyer’s representation of the municipality is governed by RPC 1.7(a)(2) and may involve nonconsentable conflicts of interest when the municipality deals with the financial institution. Furthermore, abstaining from discussion on matters involving the financial institution while representing the municipality is insufficient to avoid the conflict of interest.
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Opinion 99-06 |
Business Transactions With Clients | Conflict of Interest - Transactional Matters
A lawyer who receives fees as a trust administrator from a trust company to whom he refers clients has a conflict of interest and is involved in a business transaction with a client; the lawyer must disclose his relationship with the trust company to the client, the method and source of his compensation, and obtain the client's consent after disclosure.
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Opinion 98-03 |
Business Transactions With Clients | Conflict of Interest | Dual Professions
Patent law firm may not provide or receive a royalty-type fee for services matching client-inventors with client-product promoters, unless the firm can rebut the presumption of undue influence and the firm obtains informed written consent of all affected clients to the fee arrangement, to the potential disclosure of confidential information, and to the inherent conflicts of interest. The specific facts of particular situations may make consent to certain conflicts of interest unreasonable. Any fees for such services must be fair and reasonable to the clients.
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Opinion 97-07 |
Business Transactions With Clients | Dual Professions
Lawyers may form a company to provide legal publication notice services as long as legal services are conducted in accordance with the Illinois Rules of Professional Conduct.
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Opinion 97-04 |
Business Transactions With Clients | Referral Fees and Arrangements
A lawyer may not properly take a referral fee from an investment advisor for referring a client to the advisor unless the lawyer rebuts the presumption of undue influence that arises when a lawyer enters into a business transaction with the client; the presumption may be rebutted by showing the transaction was fair, the client had the opportunity for independent advice of counsel and consented to the transaction after full disclosure.
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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 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.
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Opinion 90-02 |
Business Transactions With Clients
Under stated facts, it is professionally improper for lawyer to insist that client name lawyer's bank client as fiduciary.
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Opinion 89-14 |
Business Transactions With Clients
- A lawyer who is also an insurance agent may perform legal services and provide insurance services for same client.
- A lawyer who is also an insurance agent may refer a client to another insurance agent and receive an insurance commission upon disclosure and consent.
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Opinion 84-14 |
Business Transactions With Clients | Dual Professions
A lawyer who is a real estate broker may not, nor may an associate lawyer, act as lawyer for a customer or for the other party to the transaction without consent after full disclosure. Such representation may also violate the Illinois Real Estate License Act of 1983.
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Opinion 841 |
Business Transactions With Clients | Conflict of Interest - Transactional Matters
A lawyer-member of Attorney's Title Guaranty Fund, Inc., when representing a seller obligated to provide title insurance as part of real estate transaction, need not obtain the purchaser's consent to place the insurance with Attorney's Title.
