ISBA Ethics Opinions on Corporate and In-House Counsel

Opinion 23-05 | Corporate and In-House Counsel | Restrictions on a Lawyer’s Practice
Corporate legal department employment agreement with non-compete

Lawyers offering or making an employment agreement that restricts the right of an in-house lawyer to practice law after termination of employment, such as through a noncompete provision, do not comply with the Illinois Rules of Professional Conduct.
Opinion 20-02 | Confidentiality | Corporate and In-House Counsel
Duties of in-house lawyer when confronted with internal fraud or criminal conduct that could be imputed to the organization.

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.
Opinion 17-05 | Corporate and In-House Counsel
In-house counsel representing multiple subsidiaries of same corporate parent

An in-house corporate lawyer may provide legal services to multiple subsidiaries of the same corporate parent, but nevertheless must be mindful of the application of the Rules of Professional Conduct, particularly those addressing conflict of interest and confidentiality.
Opinion 15-01 | Corporate and In-House Counsel | Unauthorized Practice of Law
Practice before the U.S. PTO by non-Illinois licensed lawyers

An in-house lawyer, admitted to the bar of a state other than Illinois but with a permanent office in Illinois, may practice before the United States Patent and Trademark Office on behalf of his or her employer without a limited license under Illinois Supreme Court Rule 716. Such a lawyer’s practice is restricted to those activities that are authorized by 37 C.F.R. 11.5(b).
Opinion 14-03 | Conflict of Interest | Corporate and In-House Counsel | Professional Independence of Lawyer | Sharing Fees With Nonlawyers | Unauthorized Practice of Law
In-house corporate lawyer may not provide legal services to the corporate employer's customers

Staff attorney employed by non-lawyer business entity is prohibited from providing legal services to the entity’s customers.
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 768 | Corporate and In-House Counsel | Fees and Expenses
Claim for portion of in-house lawyer’s salary in mortgage foreclosure

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.