ISBA Ethics Opinions on Government Lawyers | Illinois State Bar Association

Opinion 13-04 | Business Transactions With Clients | Conflict of Interest | Government Lawyers
Lawyer owner and officer of financial institution serving as counsel to municipality which does business with financial institution

A lawyer serving as an officer of a financial institution who also owns a significant stock interest in it must comply with the requirements of RPC 1.8 when representing a municipality that engages in business transactions with the financial institution. In addition, the lawyer’s representation of the municipality is governed by RPC 1.7(a)(2) and may involve nonconsentable conflicts of interest when the municipality deals with the financial institution.
Opinion 12-08 | Confidentiality | Government Lawyers
Duty to disclose confidential information provided by a client that might reveal possible child sexual abuse by a non-client

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.
Opinion 94-21 | Conflict of Interest | Government Lawyers | Government Representation
Representation of client adverse to current municipal client in different matters

It is not per se improper for a lawyer to sue a current client (a public body) in an unrelated matter if both clients consent after full disclosure.

Whether an attorney "reasonably believes" his dual representation will not adversely affect his relationships is determined by an objective, not subjective, standard based upon what the "reasonable attorney" would believe.

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.