ISBA Ethics Opinions on Conflict of Interest - Personal Interests

Opinion 18-04 | Conflict of Interest - Personal Interests | Imputed Disqualification
Preparing testamentary documents that give the preparing lawyer a substantial gift

The Illinois Rules of Professional Conduct do not prohibit a lawyer from accepting a testamentary gift from a client the lawyer is not related to so long as the lawyer does not solicit the gift or prepare the testamentary document making the gift. The Illinois Rules of Professional Conduct do not prohibit the lawyer from referring the client to another unaffiliated lawyer to advise the client and prepare the testamentary documents.
Opinion 14-05 | Conflict of Interest | Conflict of Interest - Personal Interests | Government Representation | Prosecutors
State's Attorney representing county in labor negotiaitons with county law enforcement personnel

A State’s Attorney may represent his county in union negotiations while simultaneously calling law enforcement personnel as witnesses in criminal cases provided the attorney has completed an analysis of any conflicts of interest pursuant to Rule 1.7 of the Illinois Rules of Professional Conduct.
Opinion 12-13 | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
Representing municipality in non-adjudicative zoning matter oppossed by law firm partner and availability of municipality informed consent to allow representation in other matters.

A lawyer may not continue to represent a plan commission or city council after the lawyer’s partner has appeared before those bodies to oppose a zoning change. The lawyer’s recusal from the plan commission’s or city council’s consideration of the partner’s zoning matter will not remove the conflict of interest. However, the plan commission and city council may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest.
Opinion 12-12 | Appearance of Impropriety | Conflict of Interest - Personal Interests | Government Representation | Imputed Disqualification
Defending government entity in matter brought by law firm partner and availability of government entity's informed consent to allow representation in other matters

A lawyer may not continue to represent a school district against which the lawyer’s partner has initiated an adverse proceeding. Recusal from consideration of the partner’s adverse proceeding will not remove the conflict of interest. However, the school board may give informed consent to the lawyer’s continued representation in unrelated matters if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation despite the conflict of interest.
Opinion 11-04 | Conflict of Interest - Personal Interests | Imputed Disqualification
Lawyer's cross examination of spouse

A lawyer may not represent a defendant in a criminal matter where the lawyer's spouse is a police officer who has been identified as a witness for the prosecution on a contested matter.
Opinion 95-01 | Board of Directors | Conflict of Interest - Personal Interests | Corporate and In-House Counsel
Lawyer for corporation related to corporate president and principal shareholder

The fact that a corporation's lawyer is related to its president and principal shareholder does not, standing alone, create a conflict of interest.
Opinion 90-24 | Conflict of Interest - Personal Interests
Married lawyers representing differing interests

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.