ISBA Ethics Opinions on Communication With Adverse Person

Opinion 01-06 | Communication With Adverse Person | Frivolous Arguments
Harassment of opposing party and third-persons

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.
Opinion 96-03 | Communication With Adverse Person | Deceased or Missing Clients
Disclosure of client’s death

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.
Opinion 91-21 | Communication With Adverse Person | Communication With Represented Person
Lawyer communication with adverse party’s in-house counsel without knowledge of adverse party’s retained private counsel

An attorney may discuss with school board attorney an offer made to attorney retained by insurer of school board to settle personal injury suit.

An attorney is in violation of the Rules by not conveying to his client a demand made by the adverse party.
Opinion 85-05 | Communication With Adverse Person | Communication With Represented Person
Notice required by agreement directly to opposing person

A lawyer representing a purchaser under a real estate contract that requires notice to "the seller" may send the required notice directly to the seller although the seller may be represented by counsel.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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