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Opinion 21-02 |
Confidentiality
The Illinois Rules of Professional Conduct allow a lawyer to provide the executor and trustee named in a deceased client’s estate planning documents with the final executed copies of those documents and whatever portions of the estate planning file may be helpful to the named fiduciary to carry out the deceased client’s intent expressed in those documents. The lawyer may give other family members limited information about the deceased client’s estate planning documents and file if providing that limited information will allow a beneficiary to enforce her rights or if the disclosure might prevent litigation. If a lawyer receives a subpoena issued in a will or trust contest for a deceased client’s estate planning file, the lawyer should contest the subpoena and not comply until a court has ordered the lawyer to comply.
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Opinion 20-05 |
Client Fraud | Confidentiality | Withdrawal from Representation
A lawyer who knows about a client’s fraud may disclose otherwise confidential client information to third parties if done in such a manner as to prevent, lessen or rectify the client fraud. However, even if the information is not disclosed, the lawyer will still likely need to withdraw as client’s attorney and take other actions.
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Opinion 20-02 |
Confidentiality | Corporate and In-House Counsel
Rule 1.13 of the Illinois Rules of Professional Conduct governs when and whether an in-house lawyer is required to report possibly fraudulent conduct of the entity’s employees, officers, or other individuals to higher authorities within the organization and to others outside the organization. Even if such reporting is not required, an in-house lawyer may be permitted to disclose such information within the organization, subject to the lawyer’s obligations to maintain client confidences under IRPC 1.6 and 1.9.
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Opinion 19-03 |
Client Files | Client Funds and Property | Confidentiality
A lawyer may not produce banking records, client trust account records, ledger and client billing records requested by spouse’s lawyer in a pending divorce between lawyer and spouse, absent a court order. In the event of a court order ordering the production of the documents, the lawyer may reveal information only to the extent reasonably necessary to comply with the order and should seek protective action when appropriate.
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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 17-01 |
Confidentiality | Impaired Client
The question of whether the disclosure of confidential information is necessary to prevent reasonably certain death or substantial bodily harm is a factual issue.
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Opinion 16-06 |
Client Files | Confidentiality | Law Firms
A lawyer may use cloud-based services in the delivery of legal services provided that the lawyer takes reasonable measures to ensure that the client information remains confidential and is protected from breaches. The lawyer’s obligation to protect the client information does not end once the lawyer has selected a reputable provider.
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Opinion 12-16 |
Confidentiality | Conflict of Interest
Formal mentoring programs create an opportunity for a new or recently licensed lawyer to receive professional guidance and practical knowledge from a more experienced lawyer. However, both the new lawyer and the mentor must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients.
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Opinion 12-15 |
Confidentiality
Use of a lawyer listserv or bar association online discussion group can be a useful and effective means to educate lawyers and can provide a resource when lawyers engage in research and decision-making. However, when lawyers consult with other lawyers who are not associated with them in the matter, both the consulting lawyer and the consulted lawyer must take care to protect client confidentiality and the attorney-client privilege and take care to avoid creating a conflict of interest with existing clients. In addition, an online discussion group is not a substitute for the consulting lawyer’s legal research.
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Opinion 12-10 |
Confidentiality | Impaired Client | Withdrawal from Representation
It would be professionally proper for a lawyer to request permission of the Court to withdraw if the client’s actions or conduct is rendering the lawyer’s fulfillment of employment difficult or is demanding action which in the lawyer’s judgment is contrary to the law. Under the facts presented, it would be professionally proper for a lawyer to seek the establishment of guardianship for a client when the information upon which the lawyer acts was learned by the lawyer through the confidential relationship.
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Opinion 12-08 |
Confidentiality | Government Lawyers
Child sex abuse is “substantial bodily injury” for purposes of the Illinois Rules of Professional Conduct, so an Illinois lawyer must reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain child sex abuse. Whether an Illinois lawyer has a duty to report suspected child sex abuse under a federal statute is a question of law beyond the competence of the Committee.
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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 10-01 |
Confidentiality
A law firm’s utilization of an off-site network administrator to assist in the operation of its law practice will not violate the Illinois Rules of Professional Conduct regarding the confidentiality of client information if the law firm makes reasonable efforts to ensure the protection of confidential client information
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Opinion 03-07 |
Confidentiality | Nonlawyer Assistants
The responsibilities of lawyers regarding nonlawyer assistants extends to interpreters who are employed or retained by, or associated with a lawyer for the purpose of communicating with hearing impaired clients.
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Opinion 00-02 |
Confidentiality | Fees Paid by Third Party | Impaired Client
A lawyer may not divulge a psychiatric report utilized in a Social Security Disability hearing to the adult claimant’s parent unless the attorney is of the opinion that the adult claimant is disabled to the extent that a guardian should be appointed for the claimant.
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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 97-01 |
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 96-10 |
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 94-10 |
Confidentiality | Fees and Expenses
A lawyer may, in the exercise of discretion, disclose a client's confidences to defend himself against accusation of wrongful conduct.
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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 93-04 |
Confidentiality
The disclosure of amounts owed to a law firm by its clients, to the law firm's bank, may be the disclosure of confidences or secrets of the client, such that the law firm must obtain client consent prior to disclosure.
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Opinion 92-12 |
Confidentiality | Impaired Lawyer | Reporting Lawyer Misconduct
An attorney may not use or reveal information given him by a doctor/client concerning the doctor's patient (an attorney considered to be incompetent to practice law) but he may suggest alternatives that the doctor can pursue with the patient and his family.
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Opinion 91-24 |
Confidentiality | Court Obligations | Guardians and Guardianship
Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.
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Opinion 90-27 |
Confidentiality
Improper for Public Defender's Office to disclose secret of one client to another client represented by different Assistant Public Defenders in unrelated cases.
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Opinion 89-13 |
Confidentiality | Court Obligations | Deceased or Missing Clients
A defense attorney whose client has disappeared may reveal such confidences or secrets upon requesting a continuance at a status call if required by court order or law to do so, but such attorney may not give a false reason for requesting a continuance.
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Opinion 88-13 |
Client Funds and Property | Confidentiality | Court Obligations
Lawyer has no duty to reveal secret but not privileged information that is incriminating to his client; a lawyer is under no obligation to take possession of physical evidence offered to him by third party; if lawyer takes possession of inculpatory physical evidence from third party he may have to turn it over to the state if it will otherwise likely be destroyed or is contraband or will cause serious injury.
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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 87-15 |
Client Fraud | Confidentiality
Lawyer for Wife in Marriage Dissolution Matter Has No Duty to Disclose Understatement of Income on Joint Tax Returns by Client's Husband.
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Opinion 84-02 |
Confidentiality | Court Obligations
It is improper for an attorney to attempt to influence a court by revealing information disclosed to him in a privileged communication and which is inadmissible as evidence.
