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Opinion 23-04 |
Communication With Represented Person
Under Rule 4.2, a lawyer, even one who is acting pro se, is not permitted to have contact with a party who is represented in one aspect of a case and unrepresented in another aspect of the case, without the consent of that party’s lawyer, or the authorization of law or court order.
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Opinion 18-03 |
Communication With Represented Person
Rule 4.2 does not bar lawyer from communicating with prospective client about a potential matter even though the prospective client is currently represented by another lawyer in connection with that same matter.
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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 13-09 |
Communication With Represented Person
Direct communication with a government representative regarding a tax assessment dispute in which the representative is represented by counsel are improper without counsel’s consent, subject to an exception for direct communications as are authorized by law.
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Opinion 13-06 |
Communication With Represented Person | Guardians and Guardianship
A lawyer, serving as a guardian ad litem of minors in an adoption proceeding, must obtain the consent of the lawyer for the petitioning parties before interviewing the petitioners and likewise must obtain consent before contacting the petitioners to request an interview with the minors.
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Opinion 09-01 |
Communication With Corporate Employees | Communication With Represented Person | Communication With Unrepresented Person
A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability.
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Opinion 04-02 |
Communication With Represented Person
During employment contract negotiations, General Counsel may not directly contact a party known to be represented by another lawyer without the prior consent of that lawyer. The General Counsel is communicating regarding “the subject of the representation with a party the lawyer knows to be represented by another lawyer in that matter” without the prior consent of the lawyer representing the other party thus violating the no-contact rule. Illinois Rule of Professional Conduct 4.2.
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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 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 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.
- Opinion 92-03 | Communication With Represented Person
- Opinion 91-21 | Communication With Adverse Person | Communication With Represented Person
- Opinion 89-04 | Communication With Represented Person | Prosecutors
- Opinion 88-10 | Communication With Represented Person | Prosecutors
- Opinion 85-05 | Communication With Adverse Person | Communication With Represented Person
- Opinion 794 | Communication With Represented Person
